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Re: Question: Has anyone had a dr refuse to testify???

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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

>

>

>

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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.

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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

>

>

>

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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.

>

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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.

>

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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.

>

> -

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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.

>

> -

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  • 2 weeks later...

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

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