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Brian Robert Wilson

Brian Wilson’s Answers

47 total


  • In a car accident. Other persons fault. Doctor referred me for PT. Bills need paid....what do I do???

    Turned down by KNR because I didn't have a referral at the time I called them.

    Brian’s Answer

    Not sure why you were turned down, but call your auto ins co. If you have medical payments coverage, your ins co will pay any necessary and reasonable bills up to the limits of your coverage. I assumed from your question you had no health insurance coverage, but if you do that is an option as well. Good luck.

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  • Ho do I prove my innocence in a car accident when the evidence will not be provided?

    I was hit by a speeding patrol car, he went left of center an hit me just moments after I left my house. Of course the officer said it was my fault. My attorney asked for the dash cam footage, was told it was not turned on. Also asked for the even...

    Brian’s Answer

    Nothing yet. This is exactly the conversation you should be having with your attorney. The grass is not always greener, and sometimes it is difficult to switch horses midstream. 98% of all these problems can be worked out over a nice face to face meeting and a cup of coffee. The other 2% will be self-evident at some point in time. The best advice I can give is to do everything you can to get on the same page with your attorney. And if that can't be done, then and only then should you look for someone else.

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  • I was in an auto accident, where the person that hit me has taken full responsibility and so has there insurance.

    I think they are trying to low ball me on an personal injury settlement. I have no broken bones but about 8000.00 plus in total medical including rehab. They want to offer me a 1500.00 settlement. Is this fair?

    Brian’s Answer

    Very possibly yes. But it depends upon a number of factors, such as whether liability is clear or disputed, the severity/nature of the impact, the timing, nature, and reasonableness of your treatment and bills, and whether you had a previous history of injuries. I would suggest you call a competent personal injury attorney who can review all this information and give you an opinion as to whether he or she can do materially better than what the insurance company is offering you now.

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  • Should I have staples left inside from a gall bladder surgery?

    I had xrays taken of my back yesterday and that's when I was told I have staples inside from my gallbladder surgery. This concerns me. The surgery was August 1, 2014.

    Brian’s Answer

    I'm no doctor, and as the commercial goes I did not stay at a Holiday Inn Express last night, but from handling botched gall bladder removal cases I do know that there are typically clips left inside the body where the cystic duct and the cystic artery are clipped ( in order to free and remove the gall bladder). Usually there are 4 on average but I would simply ask your surgeon about it. May be entirely normal.

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  • Is there a course of action to prove faulty medical records in order to get a affidavit of merit?

    Our 10 yr old daughter was sent home from ER, very obviously ill, Dr. ridiculing us that she only had a little virus. She died 20 hours later. A simple blood test & IV antibiotic would have saved her life. We sought legal help, but getting an affi...

    Brian’s Answer

    I am so sorry to hear of this, and my heart goes out to you. I can't begin to imagine what you've been through. To try to answer your question, it sounds like you went to an attorney, who had the records reviewed by a medical expert. I would consider asking that attorney, or another competent malpractice attorney, to reduce your observations to an affidavit and have that or some other expert review your affidavit in addition to the records. I believe Ohio law, and specifically our Civ R 10, which governs affidavits of merit, does not limit an expert's review and affidavit requirement SOLELY to medical records. I wish you all the best, and again, please accept my condolences.

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  • Can I file a 1st party diminished value claim when hit by an uninsured motorist?

    I purchased a used 2011 Honda Odyssey with 34k miles 2 months prior to the accident. An uninsured motorist struck my wife, resulting in over $14k in repairs. My insurance provider has been unhelpful when i inquired about a DV claim. I have r...

    Brian’s Answer

    Hello:
    I just went through this for one of my clients. Here's my understanding: Whether you have a claim against your own ins co (known as a 1st party claim) depends on the language of your policy. Sadly, I think most insurance companies exclude DV claims from their policies. Ohio law DOES allow for DV claims and there is no statute that prohibits it, but there is a statute that basically says an ins co can include any terms and conditions it wants in a policy (like an exclusion for DV in your policy). Som bottom line: many ins co's will grudgingly recognize a DV claim, but only as a 3rd party claim (one where your car sustained damage due to another party's fault and whom had insurance). I hope this makes sense. But check your policy just to make sure.

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  • Do I need an attorney

    Just found out my fiancee was groped by a doctor she saw last year.....Just found out about it....she has been scared to tell me...is it to late to do something about it!?!?

    Brian’s Answer

    Hello:
    You need to call a competent malpractice or other personal injury attorney as soon as possible because the statute of limitations for a civil assault or battery may be as short as 1 year. Also consider turning the Dr in to The Ohio State Medical Board. They have an online website and it is free. But talk to a lawyer first so you know your legal options. Best of luck to you.

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  • I was in an accident on last Friday with my nephews car. He has GAP insurance, I have Grange that covers any car that I drive.

    I was in an accident on Market Street in Canton, OHio. The other fella ran the light, and I hit him. When I talked to the police, they said that there was a witness for me and a witness for the other guy, and that there are no camera's there that ...

    Brian’s Answer

    My strong advice is to call The Canton PD immediately and ask the officer if he listed the witnesses' names and phone numbers in the report. Sadly, many times the witnesses are not listed, and this can be disastrous in situations just like this. If there are witnesses claiming contradictory things, the insurance company is likely to throw up its hands and deny the claim. All the more reason to locate the witnesses names for future reference in case someone needs to speak with them. Good luck.

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  • My father had lung surgery and was released hours after having these tubes taken out from his side, did they let him leave early

    My father was let go from the hospital after having surgery done on his lungs due to a disease. I feel that the hospital let him go to soon. They basically let him go after taking a tube out from his side that was in his lungs. They patched him up...

    Brian’s Answer

    Hello:
    I'm sorry to hear about what happened to your father. As my collleague Brian Eisen has aptly pointed out, the only true way to get to the bottom of what happened, and the ultimate question of whether medical negligence played a role in his passing, is to obtain the medical records as soon as possible and have them reviewed by a competent medical malpractice attorney. I would recommend that you seek the assistance of the attorney you choose to obtain the records. Many times I have had folks call me for an appointment after getting "complete records," only to find out that they had nowhere near the complete records because someone at the hospital did not supply all the records. There are many reasons for this, some innocent (and some not so), and therefore I would strongly recommend that you consult with an attorney before you begin the record gathering process. Best of luck to you.

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  • Who should be responsible for injury bills?

    My mother is in a locked Alzheimer's unit, termed assisted living. She is nearly non-verbal, and is unable to do anything for herself beyond feeding herself with her hands. We purchased for her a very expensive wheel chair, used primarily for hosp...

    Brian’s Answer

    • Selected as best answer

    Hello:
    I'm sorry to hear about what happened to your mother. That is awful. Just because she has Alzheimers does not mean she did not sustain horrible pain as a result of a cut that deep. To answer your question, first you need to find out exactly what happened. Many injuries to residents happen as a result of an improper transfer by aides. I would report the incident to The Ohio Department of Aging's Long Term Care Ombudsman. This person is responsible for advocating for residents in skilled nursing facilities and assisted living centers. The number for the Columbus region is 1-800-536-5891. Assisted living centers are regulated in Ohio and there are rules and protocols in place for the safe transfer or residents from bed to chair, etc. There is a possibility that the facility and not the chair, or even possibly both, are responsible. I would also ask for your mother's records that describe what happened. Most importantly, I would seriously consider consulting with an experienced nursing home negligence law firm in Columbus. They can guide you through the process of investigating the matter further and getting to the bottom of what happened, and who is ultimately responsible for her bills and pain and disability for what sounds like an entirely preventable mistake. Best of luck to you.

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