Q: During my case, will I have to be examined by a doctor for the defense?
A: In almost every type of injury case the answer is yes.
When you put your medical condition in issue, and you claim you were injured because of another’s wrongdoing, the defense has a right to have you examined by a doctor of their choosing. This allegedly (at least in theory) allows them to evaluate your current medical condition to see for themselves whether you are truly as disabled as you claim to be.
The reality is that there are many doctors who are routinely used by various insurance companies to perform “Independent medical exams.” This term is really a farce, since there is nothing “Independent” about this exam. The defense insurance company selects this doctor. They send him your records. They pay his fee for the exam. In some cases, the referrals to doctors for these types of exams will make up the bulk of a doctor’s practice. In that instance don’t you think that the doctor is more likely to MINIMIZE your injuries, and make the defendant’s position better, so as to encourage the insurance company to keep sending patients to the doctor to examine?
If the doctor gave an unbiased, totally objective medical opinion in every instance, I am pretty sure that many of the monetary offers by insurance companies would be much fairer and higher than they currently are. Remember, insurance companies are in business to MAKE MONEY. Not to give it away. Also, these doctors who are doing these exams see the patient only one time; and not for treatment. They don’t have the benefit of seeing the patient many times, over a period of weeks, months or even years. There is no real relationship that develops during this solitary exam. How can a physican realistically evaluate someone’s medical condition without the benefit of seeing and evaluating them over time?
Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
One of the greatest obstacles to progress can often be our awareness of past failures. If we tried something a couple of years ago and fell flat on our faces (and especially if we were ridiculed or derided as a result) we tend to be reluctant to rock the boat again. When we believe that history will repeat itself, we become paralysed by fear.
Mentoring managers through a process that I sometimes refer to as “directed introspection” in order to expose attitudes and prejudices can often produce startling results. Knowing where we are starting from does not in and of itself guarantee that we will arrive at our desired destination (on time and within budget) but not knowing weights the odds heavily against us. I believe that if we want to go somewhere we must first know who we are and where we are. When we know the starting point, personally and professionally, in regard to ourselves, our people and our company we are more likely to have a clear picture of where we want to go, how to get there and what must change.
I believe that as many people as possible in an organization should be involved in the process of creating statements of Vision, Mission, Purpose, Values, and Goals. When people have had a hand in the creation, buy in to do what ever is necessary to get results is almost automatic. When these guiding principles are understood by everyone from the “Ivory Tower” all the way to the Shop Floor everyone knows where we are going, why we are going there and what we have to do to get there. They also know the down side of not going there and of not participating in the process. Is not the search for heaven made more intense by the awareness of hell? In addition, when everyone understands his or her WIIFM, (What’s In It For Me) getting results is like picking low hanging fruit.
Vision must be followed by a plan
Strategic planning can be an arduous (but exhilarating) process. Often a three day retreat with an outside facilitator is the only way to get the concentrated focus, the brainstorming, necessary to initiate the process. We must examine all aspects or the organization, physical and human resources, management skills and needs, culture, attitudes, market place, industry, supplier relations, customer relations, government regulations, labour agreements, etc., etc. We have to remember that Rome was not built in a day. If we are looking for instant gratification we will surely be disappointed.
When we have suspended our doubts and fears, set aside our memories of past failure, forgotten our prejudices, examined our strengths and planned to enhance them, seen in our minds eye the potential within ourselves and our organization, created a vision in which we believe, we will become advocates for our organization and evangelists for the realization of that vision.
Once we are over the initial hurdle we will be driven by the power of our vision for the future.
A clearly articulated vision coupled to a specific plan of action for its attainment (including target dates for each step), and a firm commitment to that action, is an unstoppable combination. YES, it will require perseverance, dedication and hard work; and YES, it will be extremely satisfying!
Effecting organizational and personal change is never a cake walk but learning the basics of how to set goals and create plans with specific, time sensitive action steps for their achievement can be learned in only a few hours. When coupled to powerful statements of Vision, Mission, Purpose, and Values, and a well-organized coaching, mentoring and measurement process, the pain is minimal while the results are huge!
Len McNally C.I.M. President of The Leadership Centre
Len McNally is President and founder (in 1996) of The Leadership Centre, dedicated to leadership development, management team building and change management through executive and corporate coaching - from the top floor to the shop floor. With more than thirty years experience in sales, marketing and business development Len has for many years been an avid student of psychology, behavior and motivation. He still reads three to four books a month and has writen several book reviews for Amazon.com. He can be reached at (519) 759-1127 or email: the.leadership.centre@sympatico.ca. Other articles may be seen at: http://www.tlc-leadership.com