Gyne Surgery While Settling Car Accident Suit?

[goldengoose]

I have been a longtime sufferer of gynecomastia when it was pointed out to me at the age of 14 by a family member and am now nearing 28.  In 2008, I had been involved in a pretty serious auto accident - I was side-swiped on the interstate and my truck flipped twice across traffic.  I was able to walk away from the accident (remarkably), but have been dealing with neck pain ever since, which is decreasing through chiropractic treatments, yoga, exercises, and daily stretching (I'm trying to avoid drugs).  However, I still have not settled the lawsuit with the individual that hit me and his lawyer has access to my medical records (required in order to justify my claim).  I have wanted the gynecomastia corrective surgery for years and have a picked my doctor surgeon out already.  But, should I wait until after the lawsuit has been settled?  I'm wondering what the opposing lawyer may be able to do with the information if he is notified that I have had what is deemed an "elective procedure" (even though us sufferers know it's not really an elective procedure)?  I don't want to keep dealing with gyne because it's a complete confidence killer, but I don't want to screw up my lawsuit either.  Any advice?

[hammer]

All I'm going to say is, a lawyer can screw up a good wet dream!

In this case I would lean on the side off caution, and be patient. That is my opinion!

[goldengoose]

All I'm going to say is, a lawyer can screw up a good wet dream!

In this case I would lean on the side off caution, and be patient. That is my opinion!

HA!  That's for sure.

I do want to err on the side of caution, but this hasn't been settled for more than year now (since the official suit had been brought forth) and I've been informed it could take up to many more years.  I'm not in a bad financial stance, so I don't a need to rush to settlement.  But, I feel like I'm sacrificing my life by not being able to truly be who I see myself as since I'm not comfortable with this condition.

My main concern is whether or not the procedure, if completed, would show up in my medical records to begin with since you typically have to list out all the doctor's offices you've sought treatment from when you release your medical records.  If I just don't mention the doctor's office and the procedure, I'm wondering if I would be okay?

...maybe I just need to ask my lawyer directly, ugh!

[shaknbake]

Ya Golden, I would definitely have to agree with Hammer on this one.  If there is anything a lawyer can use to screw someone over, they will!  I know it may be embarrassing for you to do this, but maybe it would be worth asking your lawyer about it next time you meet with him?  Ask him if he would find a way to use it against you if he were on the other team.  I'd hate to see something you are looking so forward to be ruined because it worked against you in your car accident suit.  Best of luck with both!

[hammer]

Ya, talk to your lawyer, but still be very careful! The injuries that you have, even thought you walked away can get you years later!

 I was hit broadside on my motorcycle in 1977, flew 40 feet, did a prefect roll, and walked away. Being that I walked away I never did any law suit. In the 90's I started to have upper back and shoulder pain (more them just big breast). Then in the year 2000, I had paralysis down my left side!

Long story short, I over came the paralysis on my own, without any surgery on the neck, however C4,5 and 6 are messed up and every now and then I go to a PT that knows what to do with it, in hopes that I never have to cut it open!

So, once again, move slow, CYOA! (cover your own ass)

[solidgold]

Not sure why, but I cannot log into my previous name.  Thus, I'm posting under this user name (goldengoose = solidgold).

I discussed with my lawyer and he confirmed that the defendant's counsel have the right to my medical records if two criteria are met: (1) I continue to seek medical treatment for my neck and back pain and (2) the case is still opened and not resolved.  Thus, I will definitely have to put surgery on hold for the time being.

[shaknbake]

I know it sucks to have to wait, but it's probably for the best in your case.  Like I mentioned before, you'd hate to have something you are looking forward to ruined (by a kniving lawyer!).  How long do you think before things go to trial?  If you're lucky, maybe it will settle out of court before that, and you can get on with your life.