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Asker
Posted over 1 year ago.

I waited to see if the back pain would go away by itself but it didn't so I called and had a MRI done and it just stated normal. My primary care DR. said that didn't seem like a complete assesment just to have normal. I have had many X-Rays done and have been given muscle relaxers and motrin for my pain. My pain is on my left side only and goes down. This is the same side the anesthesiologist stated that I was leaning on. I filed the form for the claim and have had the claims dept. mail me a denial because they said that I was overweight and I had gestational diabetes with a previous pregnancy so that is why I have back pain now. They stated that not 1 but 2 people came to this conclusion. I was stunned. I did not complete the paper to give permission to have my medical records pulled. I was actually waiting for them to subponea me. So not only do I have this claim but now I have a HIPPA violation against this military hospital and now I receive a letter that I have 6 months to file with the US District Court and if I don't comply with that time limit it will forever bar me from further suit. I have permanent damage to my back and I am beyond frustrated that I can't get a single attorney to help me. What are my options and we do I find the help that I need.

Barry Franklin Poulson
Barry Franklin Poulson, Criminal Defense Attorney - Hillsdale, MI
Posted over 1 year ago.

There is no HIPPA, but it does not seem like a HIPAA violation, but rather properly related to the investigation you requested. If you have contacted several attorneys and they think you do not have a viable claim, perhaps you do not. You can still use AVVO search to find more. I doubt you have contacted "all" attorneys.

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Asker
Posted over 1 year ago.

You are correct it is HIPAA. I do have an investigation at this time. I do not know what a viable claim is but I do know that I have back problems which I didn't have before that epidural. To state that a claim was denied because of my weight and because of gestational diabetes that I had with my now nine year old seems preposterous to me. Seems like they are reaching and that seems to be exceptable.

Barry Franklin Poulson
Barry Franklin Poulson, Criminal Defense Attorney - Hillsdale, MI
Posted over 1 year ago.

They may be reaching, and they may have failed to meet the standard of care. A proof of causality would be necessary. You could begin with a consult with a physician, and then take that result to an attorney. That might be enough to convince an attorney that there is a viable claim.

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Asker
Posted over 1 year ago.

Thank you so much for the information. I will have my new Dr. schedule me a new MRI.