Lawsuit ques(ridiculous)!!!

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
admin
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Lawsuit ques(ridiculous)!!!

Post by admin »

I have a pending lawsuit coming up early '03. Defense is sending a doctor to "our" home to observe our child in his home environment, and also at school in his classroom, yadda yadda yadda! Obviously, I "have to" comply, but you know the ole saying, "vampires cannot enter your home unless you invite them in".

I am feeling very threatened by all this. This is such an invasion of privacy and although I have nothing to hide from the defense, and their so called experts. Has anyone else had to do this?

Thanks for allowing me to vent this. I have no clue what to say to my child as to who this fellow is, and why he's visiting. Yikes........

biting my nails here
christy
Posts: 702
Joined: Sun Nov 04, 2001 8:13 am

Re: Lawsuit ques(ridiculous)!!!

Post by christy »

And they expect your child to "act naturally" with a total stranger in his/her home? Shoot, we have trouble getting a darned video made for evals let alone a live monitor going on.

This must be stressful but try not to get too upset about it--the kid isn't going to cooperate at home--maybe school but not at home. Smile and never let 'em see ya sweat, you did nothing wrong and have nothing to hide not feel guilty about.
admin
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Re: Lawsuit ques(ridiculous)!!!

Post by admin »

Act naturally? I have no idea.
Is it just me, or does this whole
idea just seem very weird?
phaliscak
Posts: 313
Joined: Mon Mar 11, 2002 2:56 pm

Re: Lawsuit ques(ridiculous)!!!

Post by phaliscak »

Personally, I would tell them to go scratch! and No they would not be allowed in my home without my lawyer present. You need to protect your rights and your case. They can walk in there and say they saw all kinds of things. It's their word against yours and try to convince that to the jury.

Nope I wouldn't do it, not without my lawyer present.

Patty
Tessie258
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Joined: Fri Nov 09, 2001 8:15 pm

Re: Lawsuit ques(ridiculous)!!!

Post by Tessie258 »

Almost makes you want to have a party on the day they are scheduled and have other kids there the same age so they can see the diffence in play and adaptations..(swinging, blowing bubbles, tying shoes, singing insy winsy spider...You could really show them your worst times if you played it right(but is that really fair to your child??).....I don't know what I'd do in your place...having the lawyer over for coffee on the same day might not be a bad idea...or some other witness. It's just about intimidation or they will say ya the child is injured but he/she is doing o.k. in spite of it. Wish I was more help...just brain storming.
T.
Tami
Posts: 119
Joined: Fri Mar 29, 2002 1:53 am

Re: Lawsuit ques(ridiculous)!!!

Post by Tami »

I would not do it either, not without my lawyer present for the entire time... Why does a doctor need to come into your home anyway,,,sounds weird to me. You have nothing to hide and did nothing wrong, but the previous post is right....they could say they saw all kinds of things and it is your word against theirs. What does your lawyer say about this?

Good luck,
Tami Schenck
admin
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Re: Lawsuit ques(ridiculous)!!!

Post by admin »

I agree with all of you, and my lawyer thinks this is all just fine. I thought maybe I was just being ultra sensitive, and not knowing what is normal anymore! Because this is not normal..... I feel taken advantage of.

How about all you gals come for coffee and bring the little ones! Good idea to bring in a third party as a witness. Thanks.
Beaglemom
Posts: 39
Joined: Fri Jul 26, 2002 8:16 pm

Re: Lawsuit ques(ridiculous)!!!

Post by Beaglemom »

I totally agree. I would not let some stranger in my house, without a court order saying this had to be. There are a lot of other places the doctor could watch your child play. How does the school feel about the intrusion?
admin
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Re: Lawsuit ques(ridiculous)!!!

Post by admin »

We had to take our child to a neurologist for the defense to be examined. At least in that situation we could just tell our child the dr. was examining his arm etc. I wouldnt feel comfortable with a dr. for the defense coming into our home or our childs school. Could you ask your lawyer to suggest an office visit for the dr. to see the child? We were told we had to take him to be examined by the dr for the defense but I never heard of them coming into someones home. I think I would be half tempted to tell my child to just sit there and do nothing! I would also suggest that if they do insist on coming to the home and school that you or your lawyer or paralegal be present with a video camera rolling. I felt that the dr. who examined our son took things out of context to be bent their way. Maybe that is oversensitive too but considering what we've been through who can blame us. A picture (or shall i say video) is worth a thousand words.
admin
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Re: Lawsuit ques(ridiculous)!!!

Post by admin »

My lawyer won't allow any communication with the other side unless they are there! This obviously makes you uncomfortable and rightly so. This would make anyone uncomfortable. Your lawyer should be there for each and every visit to home or school. And what kind of doctor will be visiting anyway? And you should have someone else there at the same time to witness and to give you support for this uncomfortable situation.
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