General Discussion

Ms. Toad

(38,655 posts)

203. My description of what happened would have been in my medical record.

Thu Oct 15, 2015, 12:00 AM

Oct 2015

If the health insurance company reviews it and determines it was likely there was negligence involved, my choice would be between paying more than $100,000 out of pocket and providing the accurate information to the insurance company identifying the child, who is already in the medical record, absent identifying information.

I understand how the legal system works, so I am careful how I phrase things up front. That allows me to tell the insurance company to go pound salt. This mother likely wasn't. So what could - with a little forethought - have been described so it was clear there was not negligence (as it appears the jury determined) was likely described in a way that made it appear there was negligence. Once something that looks like negligence by another party is in the medical record it is much more challenging to back off from it.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

217 replies

= new reply since forum marked as read

Highlight:

Would you sue your 8-year old nephew or niece for $127,000 for accidentally breaking your wrist [View all] Nye Bevan Oct 2015 OP

Let me guess. His family is wealthy. yardwork Oct 2015 #1

I'm thinking East 73rd between Fifth and Park. KamaAina Oct 2015 #62

His family lives in Westport CT so chances are good. Gormy Cuss Oct 2015 #73

Or has a good homeowners policy? Still, this is awful. n/t pnwmom Oct 2015 #86

mother's life insurance policy? eShirl Oct 2015 #152

"difficult to hold my hors d'oevres plate" I keep repeating that phrase and can't stop thinking.. BlueJazz Oct 2015 #2

It also makes it hard for her to gesture derisively at street urchins Orrex Oct 2015 #46

Have YOU ever tried to put a diamond-encrusted bracelet on over a cast? Warren DeMontague Oct 2015 #138

Agree it sounds kind of bad... Whiskeytide Oct 2015 #3

A human resources manager without health insurance? Or is she just going for an LiberalArkie Oct 2015 #60

A home owner without homeowner's insurance? jberryhill Oct 2015 #67

Her health insurance has probably already paid her, her insurance is trying to recoup LiberalArkie Oct 2015 #69

Probably suing so that the homeowner's insurance geek tragedy Oct 2015 #4

Yeah, but she still wound up dragging the poor kid to court. GoCubsGo Oct 2015 #6

No, there isn't a better way jberryhill Oct 2015 #14

If she only wanted her medical bills paid, this would have been finished 4 years ago. Nye Bevan Oct 2015 #16

"would have then settled the claims with the homeowner's insurer" jberryhill Oct 2015 #20

You're right about that. Even with today's exorbitant costs, a broken wrist isn't $127K. catbyte Oct 2015 #38

What is the projected future cost of physical therapy? jberryhill Oct 2015 #49

In my area of the country, a PT appointment is $120 without insurance. That's a lot of PT for a catbyte Oct 2015 #53

�I was at a party recently and it was difficult to hold my hors d�oeuvres plate� NobodyHere Oct 2015 #126

My sister's broken ankle:$25,000 surgery redwitch Oct 2015 #140

I have told my friends that if they get hurt on my property and insurance won't help then: "sue me". ieoeja Oct 2015 #43

Ding, ding, ding... we have a winner jberryhill Oct 2015 #45

That's exactly what happened between my dad and one of his grandkids. procon Oct 2015 #99

That's the vile part. Gormy Cuss Oct 2015 #74

Indeed they do jberryhill Oct 2015 #113

"In court Friday, the boy, now 12 years old, appeared confused as he sat with his father...." Nye Bevan Oct 2015 #7

That's an easy claim to make when you don't have to pay the medical bills. (nt) jeff47 Oct 2015 #59

I too... LanternWaste Oct 2015 #119

I thought this was from "The Onion" at first. GoCubsGo Oct 2015 #5

Nothing is wrong with this woman jberryhill Oct 2015 #15

She could have sued the kid's father instead. GoCubsGo Oct 2015 #22

His father didn't injure her jberryhill Oct 2015 #33

I can't believe that a broken wrist would cost $127K. It didn't say anything about catbyte Oct 2015 #40

You'd be wrong Goblinmonger Oct 2015 #155

He owns the property where his minor child, GoCubsGo Oct 2015 #41

His property didn't cause the injury... jberryhill Oct 2015 #44

Yes, the insurance should cover the claim if it is a minor child. GoCubsGo Oct 2015 #52

That's not how law works jberryhill Oct 2015 #55

Dora and the grocery cart. February 1991 multistate bar exam. Ms. Toad Oct 2015 #200

The injury occurred on the father's property therefore I would see no avebury Oct 2015 #79

That is correct jberryhill Oct 2015 #82

This isn't a workers comp case. Health insurers don't make exceptions for accidents pnwmom Oct 2015 #89

Who cares where she lives? jberryhill Oct 2015 #91

Yes, I realized that and changed the post. But you seem to be among the group who thinks pnwmom Oct 2015 #92

Health insurance isn't going to pay jack if there is insured liability elsewhere jberryhill Oct 2015 #94

The other equally likely possibility pnwmom Oct 2015 #96

That's possible too, but what is this "going after" nonsense? jberryhill Oct 2015 #97

How is it that you seem to know exactly what's going on based on no evidence? kcr Oct 2015 #142

Psst... I'll tell you a secret... jberryhill Oct 2015 #143

You know this kid personally? n/t kcr Oct 2015 #146

His mother died last year. yardwork Oct 2015 #153

I have received at least 3 inquiries from the subrogation department of my health insurance. Ms. Toad Oct 2015 #201

If you were this woman and you got such a claim pnwmom Oct 2015 #202

My description of what happened would have been in my medical record. Ms. Toad Oct 2015 #203

Yes, I've always had my guard up, too. But this woman's testimony pnwmom Oct 2015 #204

In order for her to have her medical bills paid, Ms. Toad Oct 2015 #205

Well, this has been an education and a good warning to keep up my policy pnwmom Oct 2015 #207

Yep. People keep crying about why is she asking for amounts a over her actual medical bills. Hassin Bin Sober Oct 2015 #208

Since when? n/t kcr Oct 2015 #136

Since insurance companies have become more aggressive in laying off..... Hassin Bin Sober Oct 2015 #144

That's not what the post I was responding to claimed kcr Oct 2015 #145

It is simply knowing how these things work jberryhill Oct 2015 #178

Check it out kcr Oct 2015 #197

You are confused jberryhill Oct 2015 #179

You were right. The aunt said this to the NYTimes today. yardwork Oct 2015 #175

It's not about being psychic jberryhill Oct 2015 #176

Complete with quotes that make the plaintiff sound evil. yardwork Oct 2015 #177

She has employer related health insurance. So why is she trying to get this covered pnwmom Oct 2015 #181

But why is she trying to get her homeowners policy to pay for her medical bills? pnwmom Oct 2015 #180

Her insurance company was only willing to pay $1 of her medical bills. PeaceNikki Oct 2015 #183

Her HOMEOWNER"s policy. But she had health insurance through her employer. pnwmom Oct 2015 #184

Not her homeowner policy, her medical insurance wouldn't pay because it was an accident PeaceNikki Oct 2015 #185

Her attorney said it was her HOMEOWNER's policy. I gave you the link. pnwmom Oct 2015 #187

You are misreading it. The CASE was about getting the KID'S homeowner policy to pay PeaceNikki Oct 2015 #188

Please show me a single article where it says her health insurance pnwmom Oct 2015 #189

Oh, ffs. PeaceNikki Oct 2015 #190

She's had two surgeries so far jberryhill Oct 2015 #186

Yup. I hope the person you replied to reads this because they are clearly not up to speed PeaceNikki Oct 2015 #192

I may have missed something TeddyR Oct 2015 #129

Happens all the time Goblinmonger Oct 2015 #156

But she wasn't hurt at work, so workers comp rules don't apply. pnwmom Oct 2015 #182

Well you should have testified in court as an expert witness. Hassin Bin Sober Oct 2015 #191

The Court ruled that the boy wasn't at fault without my help. n/t pnwmom Oct 2015 #194

It's probably for the best. Hassin Bin Sober Oct 2015 #196

I already addressed the workers comp issue. Goblinmonger Oct 2015 #193

Yes, as the insured, she did. I and my children have had accidents. pnwmom Oct 2015 #195

Sadly, not the first time this sort of suit has happened LibertyLover Oct 2015 #8

I wouldn't vankuria Oct 2015 #9

It's good you have the money to cover all possible medical bills. jeff47 Oct 2015 #64

Is This a New Thing? RobinA Oct 2015 #72

Not at all. It's been around for a long time. jeff47 Oct 2015 #77

The article states the nephew is the only defendent in this case vankuria Oct 2015 #163

Yes, the nephew is the one who caused the injury. jeff47 Oct 2015 #164

That's just nuts tblue Oct 2015 #10

Is she suing him or is her insurance company suing in her name? gollygee Oct 2015 #11

The child is the only one being sued, the "Aunt" is despicable. peacebird Oct 2015 #12

I hope she loses and has to pay his court costs gollygee Oct 2015 #13

She is suing to get the insurance company to pay - TBF Oct 2015 #19

+Zillions jberryhill Oct 2015 #35

Where do you see she's suing to get the insurance company to pay? TeddyR Oct 2015 #130

Think about this - TBF Oct 2015 #131

It's amazing to watch people here... Lancero Oct 2015 #173

I agree that capitalism is the bigger issue - TBF Oct 2015 #174

It's about insurance jberryhill Oct 2015 #17

So why does she complain in the lawsuit about how it "hurts to hold my hors d'oevre plate"? Nye Bevan Oct 2015 #21

Does it hurt or not? jberryhill Oct 2015 #23

The lawyer wrote the complaint, not the aunt. The Velveteen Ocelot Oct 2015 #65

+1. I'm guessing most DUers haven't been privy to an insurance battle riderinthestorm Oct 2015 #25

And a lot of DUers, and other people on the internet kcr Oct 2015 #137

I disagree, she may just be an asshole, they come in all colors, shapes, and sizes. snooper2 Oct 2015 #34

Notice the source of this story... Human101948 Oct 2015 #63

Can you imagine both insurance companies denying your claim? jberryhill Oct 2015 #18

"I feel terrible about this, the insurance companies are forcing me to do this.... Nye Bevan Oct 2015 #24

Uh, you'd be wrong about that. riderinthestorm Oct 2015 #27

It happens all the time. The Velveteen Ocelot Oct 2015 #36

Precisely /nt jberryhill Oct 2015 #50

Well, you must have had a longer conversation with her than I did jberryhill Oct 2015 #29

And yet, you're the one claiming you know this is about insurance companies muriel_volestrangler Oct 2015 #39

Because the article is based on a civil filing... jberryhill Oct 2015 #47

Exactly. That's because in most cases direct actions against insurers The Velveteen Ocelot Oct 2015 #57

Does the eight-year-old have that sort of pocket change? Orrex Oct 2015 #68

The child is a family member of the homeowner's insurance policy holder jberryhill Oct 2015 #75

Hey, I like that analysis. Orrex Oct 2015 #83

Some years back my mother tripped in my garage SheilaT Oct 2015 #26

Yep, medical bills are paid absolutely routinely in cases like this. Nye Bevan Oct 2015 #30

"the homeowner's insurer will just pay the medical insurer" jberryhill Oct 2015 #32

It's called "an accident". That woman is deranged. TwilightGardener Oct 2015 #28

That's what insurance is for! The Velveteen Ocelot Oct 2015 #54

And the two insurance companies are fighting over who pays. jeff47 Oct 2015 #61

do you think it's reasonable for her to have made a claim on the family's insurance? CreekDog Oct 2015 #31

Greed knows, deathrind Oct 2015 #37

Our lawsuit lottery lifestyle strikes again. ileus Oct 2015 #42

No, our lack of comprehensive universal health coverage strikes again jberryhill Oct 2015 #51

But will she be invited to Sean's 13th birthday? Orrex Oct 2015 #48

Why not? jberryhill Oct 2015 #80

Dude, you're harshing my punchline. Orrex Oct 2015 #84

Girl Broke her wrist at my house years ago. dem in texas Oct 2015 #56

Yes, times have changed... jberryhill Oct 2015 #58

This is a battle between two insurance companies. jeff47 Oct 2015 #66

Again. Insurance companies routinely pay normal medical bills without 4-year court battles Nye Bevan Oct 2015 #76

And insurance companies routinely refuse to pay normal medical bills without 4-year court battles. jeff47 Oct 2015 #81

"Might as well get the homeowner's insurance to pay on pain and suffering too." Nye Bevan Oct 2015 #85

"force this nephew" jberryhill Oct 2015 #90

How much in "lost wages" do you think there would be for a HR manager with a broken wrist? (nt) Nye Bevan Oct 2015 #93

I dunno, let's ask a court jberryhill Oct 2015 #95

Come on. Can we get real here? Nye Bevan Oct 2015 #100

"dragging her nephew into court" jberryhill Oct 2015 #108

OK, I admit it. You are right. This is a *great* experience for the kid. Nye Bevan Oct 2015 #116

He doesn't have to sit there for that jberryhill Oct 2015 #120

Almost as great an experience as surgery and physical therapy. LanternWaste Oct 2015 #122

And then he got to go on the Today show with his aunt! jberryhill Oct 2015 #209

Less than $5000? You're kidding, right? Goblinmonger Oct 2015 #157

I have carpal tunnel. I couldn't work yesterday because I couldn't use a computer. jeff47 Oct 2015 #104

Can I borrow your time machine? jeff47 Oct 2015 #102

Insurance companies don't especially like paying $10,000 or so for medical bills for a broken wrist, Nye Bevan Oct 2015 #105

And again, you do realize that the medical bills part can be settled separately, right? jeff47 Oct 2015 #106

You put all the cards on the table when you file jberryhill Oct 2015 #110

This reply says it all jberryhill Oct 2015 #112

They don't pay lost income jberryhill Oct 2015 #87

Here's what I wouldn't do. Nye Bevan Oct 2015 #88

What I see in this thread is an argument between the lawyers and the civilians, who don't get it. Shrike47 Oct 2015 #70

Yep. As a former insurance adjuster, I roll my eyes at all the Nay Oct 2015 #103

The verdict is in GusBob Oct 2015 #125

Weeeeelllllllll, guess I'm not surprised. I haven't followed this case to the Nay Oct 2015 #135

Ha! kcr Oct 2015 #139

And yet, we're told that these insurance companies can't even be named in this muriel_volestrangler Oct 2015 #109

This woman will never get another job again bluestateguy Oct 2015 #71

No: people who understand the workings of insurance The Velveteen Ocelot Oct 2015 #98

She's 54 with medical problems abelenkpe Oct 2015 #134

Sure, I want Turbineguy Oct 2015 #78

No! Never. I wouldn't sue a family member for anything ever no matter the age yeoman6987 Oct 2015 #101

Let me see if I understand what you are saying.... jberryhill Oct 2015 #111

I said I wouldn't sue. My brother may feel differently. yeoman6987 Oct 2015 #115

Okay, but if it was your leg and his insurance policy jberryhill Oct 2015 #118

Yeah maybe you are right yeoman6987 Oct 2015 #121

These types of actions don't tend to get very messy jberryhill Oct 2015 #123

You lost a leg! OriginalGeek Oct 2015 #168

Not necessarily. Hassin Bin Sober Oct 2015 #172

I'd make her my butler lame54 Oct 2015 #107

That's gold, Jerry! Gold! nt Codeine Oct 2015 #162

Can you really sue for a poorly made decision? Initech Oct 2015 #114

Of course. It's a medical issue for the insurance companies, not his piggy-bank. WinkyDink Oct 2015 #117

I heard on the radio, the verdict is in (no link) the jury didnt give a penny GusBob Oct 2015 #124

LOL. Jury deliberated for 25 minutes before coming to a unanimous verdict. Nye Bevan Oct 2015 #128

But, but, the insurance companies,,,, GusBob Oct 2015 #132

Nobody is going to weep for them jberryhill Oct 2015 #133

Thank god the insurance company kept its money. n/t Goblinmonger Oct 2015 #161

Freakin' amazing. Loved this part: valerief Oct 2015 #127

No sympathy from me. nt RiffRandell Oct 2015 #141

She did NOT sue her nephew. PeaceNikki Oct 2015 #147

He should have addressed her as "First Cousin Once Removed". Nye Bevan Oct 2015 #148

OK, but still not aunt-nephew. Regardless of what he called her. PeaceNikki Oct 2015 #149

Maybe she will sue him for another $100k for mischaracterizing their relationship. (nt) Nye Bevan Oct 2015 #150

Well, no wonder he was so negligent kcr Oct 2015 #151

She lost the lawsuit bluestateguy Oct 2015 #165

According to CNN, they remain very close. PeaceNikki Oct 2015 #166

Does it have to do with insurance? Renew Deal Oct 2015 #154

I likely has everything to do with insurance Goblinmonger Oct 2015 #158

That was my thought as well. Act_of_Reparation Oct 2015 #159

Thus ensuring her nephew will never be that excited to see her again. n/t hughee99 Oct 2015 #160

On the contrary, they remain close. PeaceNikki Oct 2015 #167

And that should be the end of this silly thread. I said should... Hassin Bin Sober Oct 2015 #170

Do you think she's been tackled in excitement since? n/t hughee99 Oct 2015 #171

$127K? Is that all I can get out of him? pinboy3niner Oct 2015 #169

I suspect it's pro-forma to collect from the parent's homeowner's insurance Algernon Moncrieff Oct 2015 #198

No, I wouldn't but what I knew of this as of yesterday was based on the extremely LiberalElite Oct 2015 #199

Damn right I would!!! U4ikLefty Oct 2015 #206

as it turns out, you were wrong (again) La Lioness Priyanka Oct 2015 #210

The jury deliberated for 25 minutes before unanimously deciding not to award her a penny. Nye Bevan Oct 2015 #211

Not all for naught, now her health insurance will pay for it. tammywammy Oct 2015 #214

Lol. You really don't get this. La Lioness Priyanka Oct 2015 #215

It would appear most people don't know how insurance companies work DefenseLawyer Oct 2015 #212

Do you count all of the jurors among the "haters" Nye Bevan Oct 2015 #213

That's different issue DefenseLawyer Oct 2015 #216

No Spirochete Oct 2015 #217