Suffolk Wide Medical Group PC a/o Lavarez v. Autoone Insurance company
Aug 13, 2008OUTCOME: Trial verdict for plaintiff
After trial, verdict and judgment for Plaintiff.
Great Neck, NY
Health care Lawyer at Great Neck, NY
Practice Areas: Health Care, Litigation
OUTCOME: Trial verdict for plaintiff
After trial, verdict and judgment for Plaintiff.
OUTCOME: Summary judgment to Plaintiff
Plaintiff established it submitted its claims to the defendant on (date) for causes of action 1 and 2 - 9-10.Additionally the documents have been established as business records of Plaintiff. The defen ... dant has establlished it issued timely denials fo causes of action 1-8. the defendant has not issed a denial for causes of action 9-10. Plaintiff is entitled to summary judgment for causes of action 9-10 in the amount of $500/25 together with statutory interest, statutory attorneys fees costs and disbursements. With respect to causes of action 1-8 plaintiff's prima facie case is established. Defendant issued timely enials making the only issue for trial the defense preserved in defendant's denials for the first four claims.
OUTCOME: Summary Judgment granted to Plaintiff
Plaintiff established its prima facie entitlement by demonstrating via admissible vidence timely submission of the bill to dfendant and that said bill was not paid nor denied qwith 30 days after receip ... t. The clerk of the court is directed to enter judgment as demanded in the summons and complaint, together with statutory interest & attorneys fees costs and disbursements.
OUTCOME: Trial Verdict for Plaintiff
Upon consideration of the credible evidence the court finda that defendant met its initial burden of proof that the EMG of the lawer extremities was not medically necessary. The court also finds that p ... laintiff met its burden of rebuttal. On cross-examination, (defendant's witness doctor) testified that "if she (the patient) had mentioned pain radiating to legs then I would have changed my opinion." Apparently the patient reported pain to (the treating doctor). Judgment is awarded to plaintiff in the sum of $1,911.06 with interested from 2/5/03 plus legal fees and costs.
OUTCOME: Tria verdict for plaintiff
A trial was conductd to determine the medical necessity of the services performed by Plaintiff on the defendant's isnured following and automobile addicent. The court concludes that the defendant faile ... d to meet its burden of demonstrating tha the Magnetic Resonance Imagine (MRI) under consideration was not medically necessary. Accordingly the plaintiff is entitled to judgment.
OUTCOME: Plaintiff's prima facie case established
On motion, plaintiff granted judgment.
OUTCOME: Verdict for Plaintiff
Judgment for Plaintiff on C-Spine and L-Spine MRI.
OUTCOME: Plaintiff's trial verdict
The only issue for the Court to decide is whether the services rendered by Plaintiff were medically necessary. Defendant bears the burden of proof on this issue. "(Defendant's peer review doctor) (name ... omitted herein) 's acknowledgement that claimant did demonstrate positive neurologic findings taken with the testimony of Plaintiff's rebuttal witness establishes that the subject services were necessry for proper diagnosis." Judment in favor of Plaintiff.
OUTCOME: Trial Verdict for Plaintiff
Medical necessity trial for cervical spine MRI. After testimony of expert witnesses, verdict for Plaintiff.
OUTCOME: Trial verdict for Plaintiff
Indicators of radiculopathy warranting the MRI. Judgment for Plaintiff.