New York Personal Injury Law Blog » Year In Review


January 6th, 2014

2013 Year in Review

2013I’ve been at this blogging thing for seven years now, and my posting volume waxes and wanes with other events in my life. But on the actual substance, I’m pleased to write that I thought 2013 was the best that this space has seen.

Why? Because, I was able to do some original reporting on issues that hit home for the entire personal injury field — the use of insurance company “experts” that do quickie exams, who then use these three or four minute exams to claim that victims haven’t been injured. I won’t re-post the entire series, but you can read this one regarding Dr. Robert Israel and this one regarding Dr. Michael Katz, and then follow the links from there to the extent you haven’t seen them yet.

One of the problems with blogging is that, all too often, bloggers merely re-package stories that have been written by others. The better ones will offer opinions on why the story is significant.

But breaking news is a whole other beast, and is particularly rewarding. This is especially true if it results from investigation, and even more true if it spurs others to investigate.

I know from other sources that these two experts, for instance, will be hard-pressed to ever take the witness stand again, as they will be destroyed on cross-exam by their conduct. And I’ve done my part to make sure their conduct is well known. This one post of mine has been viewed over 18 thousand times. Some folks are interested. Indeed, the New York Law Journal has already featured two articles on the subject subsequent to my reporting.

And other doctors that I discussed may find themselves the subject of new lines of cross-examination due to the data I found on the length of their exams.

While I believe I’ve published some powerful evidence of insurance fraud undertaken by the insurance industry, I obviously don’t have the time or resources (subpoena power) to do a full blown investigation. Perhaps one day a real investigation of insurance fraud will take place regarding these quickie exams.

In the meantime, I’ll keep plugging along.

It would be nice if this blog could actually accomplish something that brings more integrity to the field. I would call that success. I feel like we are half way there, but still need state investigators to do the real work.

3 thoughts on “2013 Year in Review

  1. Hi Eric.. thank you for this blog and speaking about this issue.. over twenty five years ago I waited three months to see a rheumatologist only to be given a quick exam and dismissal from the medical professional. In my case it wasn’t for a disability exam but rather to see if I could find out why I had been sick all of my life. In three minutes time I was poked in several places along my spine, asked if I took antidepressants. And given a diagnosis of fibromyalgia to go with an earlier diagnosis of, you need to learn to relax from my internist.. Twenty some years later it took me two months to diagnose my self with a supposedly rare neuromuscular disorder..

    It is not just the doctors doing exams for disability insurers that do this.. this was a case of overscheduling as my appointment was for two pm and I wasn’t seen until 4:30 pm I was so shocked by the brevity of the non exam that I became angry and couldn’t control my mouth when I walked out of that examination room. I cut loose in the lobby where another 20 patients waited for their chance to find their answers.. I quickly shouted my disappointment in no uncertain terms to all that could hear. I doubt it made much difference but I sure felt better.

    What a difference a complete exam of me could have made for all two hundred descendants of my French canadian grandparents that could have made if I had an exam of any quality that day.. It could possibly have prevented my brothers near fatal run in with Malignant hyperthermia. The total disability of myself and numerous cousins nieces and nephews along with my own siblings and children. Funny thing is most of the disability that I suffered could have been mitigated if only I had known.. Karen Carr Biehl

  2. I may be anonymous, but I think you’re doing a great job. I’m an occasional reader, usually when I see links to your stuff, but it’s always a great read and I know your writing is based on facts and reasoned argument. Thanks for the hard work (I’ll have Hillary send you a thank you note, too).