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Just wanting some advice. I had an accident 6 January 18 and…

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Hi just wanting some...

Hi just wanting some advice. I had an accident 6 January 18 and dislocated shoulder managed to get it back in myself went to doctor had xrays - appeared to be ok but 2 days later radiology asked for a Ultra sound be done. I was functioning fine went to doctors and doctor dislocated shoulder again in clinic but could not get back in. Ended up in ambulance at waikato hospital and they had to put it back in whilst I was put to sleep. Discharged from hospital advised no fractures. Once home pain was just not managable I got appointment with specialist and he could see me next day and he took one look at xrays and said I had a broken shoulder socket and urgent surgery was needed. I then had surgery on 24 January and have slowly being repairing. Are still in a sling but was unable to drive for the whole time until just a couple of weeks ago. We have received no assistance at all from ACC to date as they have been to and fro with doctors as to how the shoulder was broken. If I broke it on my fall on 6th it would be handled differently to if the doctor broke it on the 9th of January when he re-dislocated it.

Lawyer's Assistant: In what state did the injury take place? And do you have medical records or other documentation?

New Zealand and yes I have just managed to get hold of a copy of each of the xrays taken both on the 6th after my fall and on the 9th after visiting doctors. Apparently they are handled differently which I can appreciate but it has been at a huge cost to us as we are self-employed.

Lawyer's Assistant: Has anything been filed? If so, what?

When you say filed what do you mean with whom?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know are their lawyers who can advise me where I can take these xrays I have and give a honest, independent reading of the xrays and if this is something we could pursue for loss of so many things over the last 3 months and more because I still have not recovered and have been advised anywhere between 6-18 months recovery.

Submitted: 28 days ago.Category: New Zealand Law
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Answered in 35 minutes by:
3/27/2018
Solicitor: Chris The Lawyer, Lawyer replied 28 days ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,551
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 28 days ago
The ACC Case Manager needs to make decisions, and you should talk to the manager and tell them it is now essential that a decision be made now. Tell them you cannot wait while they debate the cause, and a decision as to earnings related compensation, further treatment and rehabilitation must be made. Even if you don’t agree with the decision you have rights of review of the decision.
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Solicitor: Chris The Lawyer, Lawyer replied 28 days ago
You can also tell them you want the independent medical review and you want a decision on that now. Again, if they refuse you can review that
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Solicitor: Chris The Lawyer, Lawyer replied 28 days ago

You haven't mentioned whether you are receiving accident compensation payments or whether this is just delays in making decisions about treatment. But there are two accidents in this, the first being your dislocation on 6 January, and the second being the medical treatment which would count as medical misadventure if it was not correctly diagnosed or treated. There should not be a problem with two separate accidents, and they should be concentrating on a plan of treatment which takes into account both injuries, and getting any expert specialist advice if needed

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Customer reply replied 28 days ago
Hi thanks for your reply. I have had surgery as specialist that I went to for second opinion after being sent home from hospital when he looked at same xrays said it was broken and it needed urgent surgery and said it couldn't wait for ACC approval.
So that part is fine it is the loss of income compensation, no home help I have had to organise and pay for my own with 3 young kids I was unable to do very little with one arm, not allowed to drive for 2 months so have had to pay for taxis to get my kids and myself to things. Husband has also only been able to work 1/2 of normal hours as needed to get kids to school and from school and do all the afterschool activities etc. We have received nothing from ACC at all to date. I have just been assigned a case manager this week and he has asked I send everything through to him. But as he said we wont get compensated for partners time off work to help out. I am still very limited and have to go to physio twice a week which is still a cost to me and am annoyed because if the doctor is the one who broke it, it has had a huge impact on us. Doctor at Waikato when I arrived in ambulance said the GP/Doctor shouldn't have even touched my arm like he did let alone force a rotation of the arm knowing I had already dislocated it 2 days prior. I just want to know for sure at what point was the shoulder socket broken and how I can find this out - independently so that I know I am being told the truth.
Solicitor: Chris The Lawyer, Lawyer replied 28 days ago

This may be an issue where you need to make a complaint to the Health and Disability Commissioner about the quality of the healthcare so that you can identify who was responsible. The first step might be to tell your present doctors that you need someone to front up to take responsibility, or you will make the complaint to the Health and Disability Commissioner. Normally ACC would provide assistance by way of taxis and other support, and so your case manager should be looking at your taxi and other disruption costs. In some cases you could get home help, and ACC should help with this, and you should tell them that you have saved on home help already because your husband took time off, but that you think you should be compensated.

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