 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Commonwealth v. Jerome12/17/2002
." This report, dated July 14, 1992, also indicated that Dessin "reported no similar or previous ill effects" prior to the February 4, 1992, accident.
Dessin returned to the defendant's law office for representation in connection with the February 4, 1992, accident. The defendant filed two claims on his behalf, a personal injury protection (PIP) claim with Dessin's insurer, Safety Insurance Company (Safety), and a bodily injury claim with Liberty Mutual Insurance Company (Liberty Mutual), the insurer of the other driver in the accident. The defendant provided Safety with copies of the Somerville Hospital record indicating that Dessin had no prior medical history, as well as reports of Dr. Charles diagnosing Dessin's condition and rating him for permanent impairment at five per cent. Safety made payments on the PIP claim. On July 21, 1992, Mr. Lang forwarded to Liberty Mutual copies of the Somerville Hospital report and Dr. Charles's report of July 14, 1992. On August 15, 1992, the defendant forwarded additional information to Liberty Mutual and made reference to Mr. Lang's letter of July 21, 1992. Dessin's bodily injury claim ultimately was settled with a payment by Liberty Mutual of $8,500.
The defendant did not represent Dessin in connection with an accident occurring on March 30, 1992, but did so with respect to an accident on June 24, 1993. Dessin again received initial treatment at Somerville Hospital. His patient record contained the entry, "past medical history denies." Thereafter, he treated with Dr. Emilio Jacques, Jr., at Cambridge Orthopedics and with Dr. Hari Khalsa of Khalsa Chiropractic. Dr. Jacques diagnosed Dessin with shoulder, back and knee injuries, which he attributed to the June 24, 1993, accident. Dr. Khalsa diagnosed the patient as having neck and back injuries. A final typewritten report by Dr. Khalsa contained a handwritten notation, "prior mva recovered."
The defendant's office filed a PIP claim on Dessin's behalf with Commerce Insurance Company (Commerce), Dessin's insurer at the time. Subsequently, Mr. Lang forwarded to Commerce copies of Dessin's PIP application, the records from the Somerville Hospital emergency room (including the reference to the patient's denial of a past medical history), and reports from Cambridge Orthopedics. In addition, the defendant submitted to Commerce the final report of Dr. Khalsa with its reference to "prior mva recovered." Commerce paid PIP benefits to Dessin.
The defendant's office also submitted a claim for bodily injury on behalf of Dessin to Liberty Mutual, which again had insured the other driver involved in the accident. Together with copies of the same documents that had been sent to Commerce in connection with the application for PIP benefits, the defendant's office also provided a case summary dated September 28, 1993, prepared by Mr. Lang, that described the accident, the treatment, and the diagnoses. By this time, Dr. Jacques had reported that Dessin's injuries from the most recent accident (June 24, 1993) were resolving themselves, while Dr. Khalsa, although he had discontinued treatment of the patient, had reported that Dessin continued to experience recurrent pain and that his prognosis was fair. In the case summary, Mr. Lang reported that Dessin had been discharged from active care on August 14, 1993, but that he "continued to suffer thereafter from his injuries, and had continued his prescribed physical therapy exercises at home until the present time." Liberty Mutual settled this case as well, again for $8,500.
The final accident as to which the defendant represented Dessin, and regarding which the defendant came to grief in these criminal proceedings, occurred on November 2, 199
Page 1 2 3 4 5 6 7 8 Massachusetts Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|