Guest guest Posted August 13, 2008 Report Share Posted August 13, 2008 in that case you would just have to submit the report as evidence. you really well need a expert that can talk about the findings of your medical reports and you well have to see one first. you may find experts on line that would review your medical records and be a expert witness but I dont know how well that would go, they have to be able to quailify as a expert. --- In , " reb_black " <reb_black@...> wrote: > > Hi, > > I just got off the phone with my wc attorney and he told me the ENT > that diagnosed the nasal fungal infetion has refused to testify in wc > hearing. Can he do that? He was the one whod did the IGE and sent me > home with the petri dishes to test my apartment,work office. I lived > and worked for a hotel in denver that had prior water damage before i > started. All he has to do is testify as to what the medical recors > alredy say. Of course my sinuses were just the beginning...has most > recently been in urinary and GI tract and of course losing my insurance > has hurt this situation as i do not have money for private doctors, not > that any of them werehelpful! It just amazes me how, even though he had > to have had " some " knowledge of SBS in order to have these test done, > he is only recognizing the ENT portion of this illness. Any thoghts, > ideas, magic box??? I know we can supeona him but as my lawyer said a > reluctant dr dosent hep this case. Thanks > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 13, 2008 Report Share Posted August 13, 2008 If a dr is servved with a subpoena to appear by law they do have to testify. They can " claim " that they have patients to see, but that usually does not hold water with the courts. As they can rescdule appointments. If they do not show up, then the attorney has a right to issue a " Motion to Show Cause " and they can get whatever remedies are allowed unde that state's law. A TRICK that physicans try to use is they claim that the " normal " fee for an appearance is not applicable to them, as they are " experts " . Most states have set criteria for what is classified as an " expert " witness. Most treating physiians are classifed as " lay witnesses " as a broad category. Even if they should up and act pissy, the attorney can treat them as a hostile witness and proceed that way. Why didn't your attorney do a depo and try to establish informaiton that way? They can also be hit with interrogatories or requests for admissions. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 13, 2008 Report Share Posted August 13, 2008 I wonder if you can supoena him? Doctors are so scared to testify about these types of things it isn't funny. There is such a stigma in the medical community, that is why it is so hard to get medical help. > > Hi, > > I just got off the phone with my wc attorney and he told me the ENT > that diagnosed the nasal fungal infetion has refused to testify in wc > hearing. Can he do that? He was the one whod did the IGE and sent me > home with the petri dishes to test my apartment,work office. I lived > and worked for a hotel in denver that had prior water damage before i > started. All he has to do is testify as to what the medical recors > alredy say. Of course my sinuses were just the beginning...has most > recently been in urinary and GI tract and of course losing my insurance > has hurt this situation as i do not have money for private doctors, not > that any of them werehelpful! It just amazes me how, even though he had > to have had " some " knowledge of SBS in order to have these test done, > he is only recognizing the ENT portion of this illness. Any thoghts, > ideas, magic box??? I know we can supeona him but as my lawyer said a > reluctant dr dosent hep this case. Thanks > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 13, 2008 Report Share Posted August 13, 2008 Its also time. They are terrified of any things that might take up a lot of their time. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 14, 2008 Report Share Posted August 14, 2008 Perhaps this is responsible for some of their ambiguity on mold issues? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 14, 2008 Report Share Posted August 14, 2008 Will he even do an affidavit? > > If a dr is servved with a subpoena to appear by law they do have to testify. > > They can " claim " that they have patients to see, but that usually does not > hold water with the courts. > As they can rescdule appointments. > > If they do not show up, then the attorney has a right to issue a " Motion to > Show Cause " and they can get whatever remedies are allowed unde that state's > law. > > A TRICK that physicans try to use is they claim that the " normal " fee for an > appearance is not applicable to them, as they are " experts " . Most states > have set criteria for what is classified as an " expert " witness. > > Most treating physiians are classifed as " lay witnesses " as a broad category. > > Even if they should up and act pissy, the attorney can treat them as a > hostile witness and proceed that way. > > Why didn't your attorney do a depo and try to establish informaiton that way? > > They can also be hit with interrogatories or requests for admissions. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 14, 2008 Report Share Posted August 14, 2008 Since no one else has said it yet....the insurance companies have spent millions of dollars trying to hide the truth about toxic mold. Some of the doctors who were helping mold patients have been directly attacked and their careers destroyed. That's why your doctor is refusing to help you. [] Re: Question: Has anyone had a dr refuse to testify??? Will he even do an affidavit? > > If a dr is servved with a subpoena to appear by law they do have to testify. > > They can " claim " that they have patients to see, but that usually does not > hold water with the courts. > As they can rescdule appointments. > > If they do not show up, then the attorney has a right to issue a " Motion to > Show Cause " and they can get whatever remedies are allowed unde that state's > law. > > A TRICK that physicans try to use is they claim that the " normal " fee for an > appearance is not applicable to them, as they are " experts " . Most states > have set criteria for what is classified as an " expert " witness. > > Most treating physiians are classifed as " lay witnesses " as a broad category. > > Even if they should up and act pissy, the attorney can treat them as a > hostile witness and proceed that way. > > Why didn't your attorney do a depo and try to establish informaiton that way? > > They can also be hit with interrogatories or requests for admissions. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 15, 2008 Report Share Posted August 15, 2008 When are we going to see criminal prosecution of these insurance people? They hde behind the shield of corporate misaccountability but they are KILLING people. On Thu, Aug 14, 2008 at 11:27 PM, <brianc8452@...> wrote: > Since no one else has said it yet....the insurance companies have spent > millions of dollars trying to hide the truth about toxic mold. Some of the > doctors who were helping mold patients have been directly attacked and their > careers destroyed. That's why your doctor is refusing to help you. > > - Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 15, 2008 Report Share Posted August 15, 2008 LiveSimply, I agree. The insurance company executives should be held accountable for murder---they are killing people. Everyone needs to keep sending this information (including the new position statement by the AAEM) to our Congressmen and the media. Re: [] Re: Question: Has anyone had a dr refuse to testify??? When are we going to see criminal prosecution of these insurance people? They hde behind the shield of corporate misaccountability but they are KILLING people. On Thu, Aug 14, 2008 at 11:27 PM, <brianc8452 (DOT) com> wrote: > Since no one else has said it yet....the insurance companies have spent > millions of dollars trying to hide the truth about toxic mold. Some of the > doctors who were helping mold patients have been directly attacked and their > careers destroyed. That's why your doctor is refusing to help you. > > - Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 24, 2008 Report Share Posted August 24, 2008 Can you find an expert; a doctor experienced with mold issues or a toxicologist to study your doctor's reports and your medical records and provide expert testimony? > I just got off the phone with my wc attorney and he told me > the ENT Quote Link to comment Share on other sites More sharing options...
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