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Insurance Hell All insurance-related matters are here: Medicare, worker's compensation, appeals, denials, insights, wins, losses. PRICING is here too. Note: This forum has posts from 2006 forward. Older ones are in the Big File.


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  #1  
Old 11-17-2008, 01:01 AM
Maddie Maddie is offline
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Posts: 138
Default Has anyone sued Insurance Co.s for pain & suffering?

Just curious. Has anyone tried to or successfully sued an insurance company for the extra pain and suffering involved when their case is postponed for a year or more?

If the patient eventually wins their case, and the insurance company pays, and it can be proven that more damage, pain, etc was the result of waiting, because of red tape, can that not be used as evidence? That if they had paid when first contacted, there would have been less damage?

It just seems so wrong that people have to suffer needlessly, and possibly suffer permanent damage because the surgery was delayed so long.

I know I am just dreaming, since very few are ever approved anyway, but somewhere, somehow, there should be justice.
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C3/4-5/6- Mod. ant., severe posterior bulging w. nerve root compression. Sev. narrowing of spinal canal with cord compression.

L4/5/S1- Mod. narrowing, bulging disc, significant hypertrophy of flava lig.

Highly allergic to all metals.

NEW: 3/16/2010: Successful surgery in Brazil w. Dr. Pimenta; Nuvasive NeoDisc at C5/6, and XLIF & ALIF at L4/5/S1 w. PEEK cages. No rods, screws, plates. Non-metal lumbar ADR not available at present time, so went with fusion.
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Old 11-17-2008, 04:09 AM
kimmers kimmers is offline
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Maddie,

I am not super sure of this but I think in the states, the limits for pain and suffering in this kind of case are low or none and difficult to prove.

Maybe someone else on here is an attorney or knows more about these kind of damages and can help Maddie.

K
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hurt back lifting, herniated disc at L4/L5. DDD
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  #3  
Old 11-17-2008, 04:12 PM
chasswen chasswen is offline
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Join Date: Apr 2006
Posts: 627
Angry

can only sue a non for profit org for @ cost of the surgery. no lawyer fees or travel etc...
chuck
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ddd 1990
2003 mri,xrays,shots,emg
2004 discogram ouch pos l4 l5
facet block neg
lost all appeals BCBS 5 months of that
3 surgeons later
surgery with dr. bertagnoli aug 2nd 2006 in Bogen Germany Successfully ProDisc-L L-4 L-5
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  #4  
Old 11-18-2008, 12:36 AM
Maddie Maddie is offline
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Join Date: Oct 2008
Posts: 138
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I don't quite understand, Chuck. Surely the Insurance companies are a 'for profit' organization?

I thought that's what the courts awarded...for pain and suffering in the States? I know in Canada it doesn't amount to much, but in the States?

Surely if someone delays a surgery and it causes more injury or damage, they could be held responsible? Especially if the decision to deny a claim is overturned?

Would it not be like a doctor doing something that caused damage...is it not like a malpractice suit?

With all the misery floating around because of these claims being denied, I thought someone would have tried this already.
__________________
C3/4-5/6- Mod. ant., severe posterior bulging w. nerve root compression. Sev. narrowing of spinal canal with cord compression.

L4/5/S1- Mod. narrowing, bulging disc, significant hypertrophy of flava lig.

Highly allergic to all metals.

NEW: 3/16/2010: Successful surgery in Brazil w. Dr. Pimenta; Nuvasive NeoDisc at C5/6, and XLIF & ALIF at L4/5/S1 w. PEEK cages. No rods, screws, plates. Non-metal lumbar ADR not available at present time, so went with fusion.
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  #5  
Old 11-18-2008, 02:54 PM
chasswen chasswen is offline
Senior Member
 
Join Date: Apr 2006
Posts: 627
Angry

well here in the state insurance companies are nonprofit orgs which are protected by the feds here.
i just when though this with blue crap (aka) blue shield blue cross.
it really isnt fair. but the avg persons hands are tied.
chuck
__________________
ddd 1990
2003 mri,xrays,shots,emg
2004 discogram ouch pos l4 l5
facet block neg
lost all appeals BCBS 5 months of that
3 surgeons later
surgery with dr. bertagnoli aug 2nd 2006 in Bogen Germany Successfully ProDisc-L L-4 L-5
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