PI Exam Flashcards

1. Common Law
2. Statutory
3. Breach of Contract

90 days after complaint is filed

21 days

63 days

7 days before CMC and 42 days after at issue

28 days after at issue

126 days before trial

182 days

30

20

20

Vehicle speed, brake and throttle usage, airbag deployment, delta-v, engine RPM, activation of safety systems

2 years. If the agency denies the claim or fails to resolve, claimant has 6 months from date of mailing final denial

25%

16.1 has:

6 hours max depos. 5 requests for production only. No CMC. Earlier trial.

Functional capacity exam - measures client's ability to work

Sum of recovery, applicable limits, all sources of potential recovery, costs

To preserve client's SSI or Medicaid benefits

Special needs trust. Structured settlement

98% of cars since 2013

15

30

Damaged, missing, or improperly placed signs, yes. Engineering, design, or location, no.

operation of owned or leased vehicle, dangerous condition of any building, dangerous condition of any public highway

Yes; knew or should have known.

??

Yes; as ordinary conduct of business, not attorney-work product

after initial disclosures and for fraud, malice, or willful and wanton conduct

person knew or had reason to know that the person would likely use the vehicle in a manner involving unreasonable risk of physical harm

under vicarious liability

There is no setoff for benefits received by plaintiff resulting from a contract entered into and paid for by the plaintiff. And this includes Medicaid by case law.

No, the standard is reasonableness

Only if legit restrictions or limitations are placed on the funds, which is likely not possible, so no. Probably treated as a monetary gift.

$613,760

$613,760

damages to family members for grief, emotional distress. $114,370.00

$368,260.00

felonious killing exception for reckless: the killing of the decedent by an individual who, as a result thereof, is convicted of, pleads guilty to, or enters a plea of nolo contendere to the crime of murder in the first or second degree or manslaughter.” In civil proceedings a criminal conviction is not required because “a court of competent jurisdiction, upon the petition of an interested person, shall determine whether, by a preponderance of evidence standard, each of the elements of felonious killing of the decedent has been established

Yes because it's a foreseeable consequence

CRE 803(8) the report itself, but hearsay within police report are not admissible unless they fall under an exception, and officer's opinion on fault might not be admissible

General = non-economic damages. Specific = economic damages.

Yes, normal SOL applies

wrongful death is for the actual death and includes economic and non-economic losses; survivorship action continues the deceased person's injury claim and can recover economic damages only.

Yes

No, because the acceptance is a binding settlement agreement, and additional terms cannot be added to settlement.

1) used in manner not foreign to its inherent purpose and 2) unbroken causal chain exists between use and injury.

Yes

Yes. Motorcycles are statutorily described as a motor vehicle.

If they had notice of the suit.

Must notify Division of WC within 10 days of demand and must notify parties 20 days prior to filing a lawsuit.

Yes, if injured person has not filed suit within 60 days of SOL

No. Exclusivity doctrine of work comp.

misrepresentations, unreasonable delays, undervalued offers, failure to investigate, partial or misleading settlements, discrimination or bias

Yes if probative value outweighs prejudice. CRE 609 and CRE 403

Yes if involves dishonesty or false statement. CRE 609

Claim brought by deceased-injured person's family - economic damages only.

injury that forms the basis of the claim is causally related to a conceivable use of the insured vehicle that is not foreign to its inherent purpose. To establish the requisite causal relationship, the claimant must establish that the accident would not have occurred but for the vehicle's use [in a manner that is not foreign to its inherent purpose]. Cung la case.

Limits insurers’ ability to use “actual trial” clauses to block default judgments in UM cases and ensures UM insurers can participate meaningfully in tort litigation. Requires UIM carriers to plead liability or comparative fault specifically or bars them from defending liability and damages in a default hearing, for example.

Bad faith damages cannot be reduced by benefits delayed, but ultimately paid

No offset for Medpay

In claim for UM/UIM benefits, undisputed benefits need to be paid to insured

The survival statute does not limit damages for bad faith claims, as bad faith claim damages are considered "actual damages" and are thus recoverable.

Penal SOL of 1-year does not apply to bad faith claims

Clauses that say BI coverage needs to be exhausted before UIM benefits are paid are void.

Third-party tortfeasor can assign their bad faith claim of insurer failing to settle within policy limits to the injured party, allowing injured party to claim excess (beyond policy limits) against third-party insurer.

In a bad faith, conduct of insurer must be evaluated based on the evidence before it when it made its coverage decision

SSI because it's "needs based"

Protrusion = bulge = pushes against the annulus fibrosus

Herniation = extrusion - annulus fibrosus tears, allowing nucleus puplosus to enter spinal canal, causing nerve compression

"post-concussive" no longer used as terminology.

Loss of conciousness

Posttraumatic amnesia

disorientation and confusion

Other neuro signs

Plus decline in at least one of six cognitive domains:

Complex attention, executive function, learning and memory, language, perceptual motor skills, and social cognition

generic, garden-variety claims of mental anguish and related damages do not waive physician-patient and therapist-client privileges

Collateral payments inadmissible

Contract exception to collateral source rule - no setoff for collateral source payments made for health insurance contract plaintiff's purchase

CO supreme court held that pre-evidentiary collateral source payments are inadmissible. Declining trial judge's ruling that they are evidence of "reasonable and necessary value of services rendered"

Minnesota Multiphasic Personality Inventory test by Neuropysyche. It's a psychometric test designed to assess personality structure and identify mental health conditions. It can find malingering/faking. 10 scales test for major pyschological conditions such as depression, paranoia, and schizophrenia.

No. Only qualified neuropysche

Test of Memory Malingering - 50-item test to detect malingering or genuine memory impairments.

Test to find malingering - clinically significant when 3 or more of the 5 DORST categories are positive. Tenderness, simulation, distraction, regional disturbances, and overreaction

Complete - no functioning or feeling below injury

Incomplete - some function and/or feeling below injury

In this procedure a combination of steroids and numbing agents such as lidocaine are injected in the epidural space. The epidural space surrounds the dura. The dura is the sac that contains cerebrospinal fluid, the spinal cord and nerve roots. Nerves branch off the spinal cord and travel through the epidural space before extending toward the extremities. ESI is done to relieve pain caused by irritation/inflammation of these nerves.

injection of the facet joints with steroids and numbing agents to relieve pain associated with inflammation/irritation of the facet joints. May provide temporary or permanent pain relief.

an injection that is primarily diagnostic in nature. An anesthetic is injected near small medial nerves connected to specific facet joints. If the block provides at least a 50% reduction in pain it is considered to be diagnostic for identifying the facet joint as a pain generator. A successful, diagnostic MBB is a prerequisite to an RFA.

(also known as rhizotomy) uses an electrical current to heat up a small area of nerve tissue to decrease pain signals. The nerve can grow back so RFA’s may need to be repeated every 6 to 12 months.

A procedure to remove herniated disc material that is pressing on a nerve root or the spinal cord.

surgery to remove the back of one or more vertebrae, usually to give access to the spinal cord or to relieve pressure on nerves.

Anterior cervical discectomy and fusion is a procedure where the spine is approached from the front, disc material is removed, and bone graft material and hardware is placed to help vertebrae fuse together. Its purpose is to relieve pressure on the nerve roots or spinal cord.

Anterior lumbar interbody fusion is a procedure where the spine is approached through the front of the body and a bone graft is placed to help vertebrae fuse together. Usually, disc or bony material is removed as part of the procedure. Its purpose is to relieve pressure on the nerve roots or spinal cord.

Posterior lumbar interbody fusion is a procedure where the spine is approached through the back of the body and a bone graft is placed to help vertebrae fuse together. Usually, disc or bony material is removed as part of the procedure. Its purpose is to relieve pressure on the nerve roots or spinal cord.

Cutting across body from side to side

Cutting body in half straight down from the top of the head between the eyes

cutting the body in half from the head down from ear to ear

...

the bundle of spinal nerve roots at the bottom of the spinal cord

the bottom of the spinal cord above the Cauda Equina (cord usually ends around L1-L2)

this ligament runs the entire length of the spine from the base of the skull to the sacrum. It connects the front of the vertebral body to the front of the annulus.

this ligament also runs the entire length of the spine from the base of the skull to the sacrum. It connects the back of the vertebral body to the back of the annulus fibrosis.

also known as the dura. A protective membrane surrounding the spinal cord and nerves

the “shock absorbers” which separate each vertebral body. The disc is made up of a core of jelly-like material called the nucleus pulposus. The outside of the disc is called the annulus fibrosis.

abnormal narrowing of the spinal canal which causes pressure on the spinal cord and spinal nerves and nerve roots. It can result in a neurologic deficit including pain, numbness, paresthesia or loss of motor control. Spinal stenosis can be caused by disc herniation, degenerative disc disease (aka arthritis, arthropathy or arthrosis). Spinal stenosis can also be caused by fractured vertebra, tumors or a condition when one vertebra slips forward on another called spondylolisthesis.

spinal degeneration accompanied by pain. Often used interchangeably with spinal arthritis or arthrosis. Can be used to describe general wear and tear associated with aging.

a stress fracture in one of the vertebra, usually L5 but occasionally L4.

occurs when vertebral fracture causes one vertebra to shift out of place

a degeneration of one or more intervertebral discs in the spine.

an overgrowth of bone. Also called an osteophyte.

(also known as the zygapophysial joint) joints between the articular processes of two adjacent vertebrae.

Pain radiating along the sciatic nerve, which runs down one or both legs from the lower back.

pain caused by irritation or compression of nerve as it exits the spinal column. Signs and symptoms include pain, numbness, tingling or weakness in the arms or legs. Usually radiates along the course of the specific spinal nerve root.

a neurologic deficit related to the spinal cord. It is also sometimes used to describe compression of the spinal cord.

Thoracic outlet syndrome is a group of disorders that occur when blood vessels or nerves in the space between your collarbone and your first rib (thoracic outlet) are compressed. This can cause pain in your shoulders and neck and numbness in your fingers.

Top

Bottom

Front

back

away from center of mody

closer to center of body

towards feet

towards the head

towards middle

towards outside of body

symptom is subjective feeling of patient; sign is objective observation of provider

no later than 14 days after case is at issue

General rules of pleading. Claims for relief. jurisdiction, why entitled to relief. demand for judgment for relief.

Affirmative defenses, mitigating circumstances, form of denials, effect of failure to deny

General provisions regarding discovery - duty of disclosure

1. name, address, and phone number of those that may have discoverable infromation
2. a listing of subject matter and location of all documents
3. listing of categories of damages
4. any applicable insurance agreement

Outlines statewide practice standards, including duty to confer, briefing schedule, page limits, and e-filing info. "CRCP 121 Certification of conferral"

Investigative reports and witness statements compiled by insurance adjuster are discoverable and not privileged

Insurer bears burden of proving that a document was prepared or obtained to defend the specific claim and whether or not at the time of preparation, there was a substantial probability of imminent litigation