Personal Injury / Legaltag:typepad.com,2003:weblog-12504802008-07-10T09:25:32-07:00News and information about the legal system and its impact on the professional.TypePadStudy Confirms Flaws in Standard MVC Defense Strategytag:mpamedia.com,2008:post-544192010-01-15T12:00:32-07:002010-01-15T12:00:07-07:00The seemingly complex, or perhaps even inscrutable, calculus of what practitioners term personal injury is, in truth, deceptively simple. However, while it keeps getting simpler, many practitioners and lawyers feel hopelessly wrapped around the axle of this puzzling system. The net result is abandonment of needful patients and clients, with a corresponding loss of revenue stream. Consider just a few facts. Motor vehicle collisions are a leading cause of injury in the U.S. and constitute one of our most burdensome public health dilemmas. With 3 million such injuries each year, a total recovery proportion of only about 50 percent, a permanent disability proportion of 10-12 percent, coupled with the fact that many of the injured are young and have many quality life years to lose, the $43 billion annual price tag is hardly surprising.By Arthur Croft, DC, MS, MPH, FACOThe seemingly complex, or perhaps even inscrutable, calculus of what practitioners term personal injury is, in truth, deceptively simple. However, while it keeps getting simpler, many practitioners and lawyers feel hopelessly wrapped around the axle of this puzzling system. The net result is abandonment of needful patients and clients, with a corresponding loss of revenue stream. Consider just a few facts. Motor vehicle collisions are a leading cause of injury in the U.S. and constitute one of our most burdensome public health dilemmas. With 3 million such injuries each year, a total recovery proportion of only about 50 percent, a permanent disability proportion of 10-12 percent, coupled with the fact that many of the injured are young and have many quality life years to lose, the $43 billion annual price tag is hardly surprising.News in Brieftag:mpamedia.com,2008:post-544212010-01-15T12:00:32-07:002010-01-15T12:00:07-07:00Seventeen lawyers representing state chiropractic associations and the American Chiropractic Association attended the November 2009 meeting of the National Association of Chiropractic Attorneys. Among the topics of discussion were Office of Inspector General opinions on discounts, Internet advertising and physical therapy services provided incident to physician treatments; legal issues relating to association relationships with PPOs; restriction of association memberships; legal issues attendant to chiropractic employment of physical therapists and Medicare billing, unionization of physicians; preemption of state insurance laws by ERISA; the validity of Medicare local carriers policies; compliance with the Red Flags rule; Medicare regulations affecting fee discounts, potential class-action suits against health insurers improperly demanding refunds of approved claims; and endorsement by associations of products and services.By Editorial StaffSeventeen lawyers representing state chiropractic associations and the American Chiropractic Association attended the November 2009 meeting of the National Association of Chiropractic Attorneys. Among the topics of discussion were Office of Inspector General opinions on discounts, Internet advertising and physical therapy services provided incident to physician treatments; legal issues relating to association relationships with PPOs; restriction of association memberships; legal issues attendant to chiropractic employment of physical therapists and Medicare billing, unionization of physicians; preemption of state insurance laws by ERISA; the validity of Medicare local carriers policies; compliance with the Red Flags rule; Medicare regulations affecting fee discounts, potential class-action suits against health insurers improperly demanding refunds of approved claims; and endorsement by associations of products and services.The Dangers of Self-Defensetag:mpamedia.com,2008:post-544002010-01-01T12:00:32-07:002010-01-01T12:00:07-07:00At first blush, the word self-defense brings to mind an individual who reacts to being beset upon by another person. With just cause, the individual doing the defending can exercise reasonable and justifiable means to protect themselves and to ensure that an assault is avoided or stopped. But there is also a different kind of self-defense, the kind that doesn't involve an individual faced with an attempted or actual physical assault. I'm talking about a professional, for the purposes of this discussion a health care professional, who is faced with an allegation of misconduct or professional negligence.By Allan Freedman, LLBAt first blush, the word self-defense brings to mind an individual who reacts to being beset upon by another person. With just cause, the individual doing the defending can exercise reasonable and justifiable means to protect themselves and to ensure that an assault is avoided or stopped. But there is also a different kind of self-defense, the kind that doesn't involve an individual faced with an attempted or actual physical assault. I'm talking about a professional, for the purposes of this discussion a health care professional, who is faced with an allegation of misconduct or professional negligence.Can You Justify Your Treatment Plan?tag:mpamedia.com,2008:post-543612009-12-16T12:00:32-07:002009-12-16T12:00:07-07:00I have written several articles now on the topic of documentation and discussed a whole list of reasons to keep good records. Chiropractors in general do not have a good reputation for keeping records. It is important to cover all the bases - the patient's complaints, clinical history, examination findings, diagnostic findings, assessment, and care plan. There is one more detail that seems to be increasingly important in terms of documentation - the response to care.By Douglas R. Briggs, DC, Dipl. Ac. (IAMA), DAAPMI have written several articles now on the topic of documentation and discussed a whole list of reasons to keep good records. Chiropractors in general do not have a good reputation for keeping records. It is important to cover all the bases - the patient's complaints, clinical history, examination findings, diagnostic findings, assessment, and care plan. There is one more detail that seems to be increasingly important in terms of documentation - the response to care.We Get Letters and E-Mailtag:mpamedia.com,2008:post-543672009-12-16T12:00:32-07:002009-12-16T12:00:07-07:00"When Asked to Give an Adjustment, Sometimes You Have to Say No" appeared in your Oct. 21, 2009 issue, authored by James Edwards, DC. A pull quote that accompanied the article said, "If you are not licensed in the state or country in which you are visiting, do not subject yourself to criminal prosecution, licensing board discipline and financial damage by performing adjustments.""When Asked to Give an Adjustment, Sometimes You Have to Say No" appeared in your Oct. 21, 2009 issue, authored by James Edwards, DC. A pull quote that accompanied the article said, "If you are not licensed in the state or country in which you are visiting, do not subject yourself to criminal prosecution, licensing board discipline and financial damage by performing adjustments."Pro-Solutions Sued for Breach of Contracttag:mpamedia.com,2008:post-542682009-11-18T12:00:32-07:002009-11-18T12:00:07-07:00In September, a few ProAdjuster owners received an e-mail communication from Sigma Instruments, the manufacturer of the ProAdjuster equipment. The e-mail informed doctors that they would be receiving their key codes from Sigma rather than from Pro-Solutions, the company that previously sold the ProAdjuster units. In further communication, these doctors were told that should they require any assistance regarding their unit, they could go directly to Sigma.By Editorial StaffIn September, a few ProAdjuster owners received an e-mail communication from Sigma Instruments, the manufacturer of the ProAdjuster equipment. The e-mail informed doctors that they would be receiving their key codes from Sigma rather than from Pro-Solutions, the company that previously sold the ProAdjuster units. In further communication, these doctors were told that should they require any assistance regarding their unit, they could go directly to Sigma.The Biomechanics of Spondylolysis, Part 2tag:mpamedia.com,2008:post-543172009-11-18T12:00:32-07:002009-11-18T12:00:07-07:00In part I of this two-part series (Sept. 23 issue), I described a rear-impact motor-vehicle crash in which a man was rear-ended by a police cruiser and pushed into an SUV. His vehicle sustained moderate-plus damage to its front and rear portions, while the police car and SUV sustained only minor damage. The car driver, a 30-year-old man, complained immediately of low back pain and was transported to the hospital. In time he underwent bilevel lumbar fusion at L3-4 and L4-5 with PEEK (poly-ether-ether-ketone) cage placement. The procedure was via lateral approach and no additional instrumentation (rods or screws) was used in the procedure. Subsequently, the man developed a rather profound lumbosacral plexopathy with very severe atrophy in both lower extremities as a complication of surgery.By Arthur Croft, DC, MS, MPH, FACOIn part I of this two-part series (Sept. 23 issue), I described a rear-impact motor-vehicle crash in which a man was rear-ended by a police cruiser and pushed into an SUV. His vehicle sustained moderate-plus damage to its front and rear portions, while the police car and SUV sustained only minor damage. The car driver, a 30-year-old man, complained immediately of low back pain and was transported to the hospital. In time he underwent bilevel lumbar fusion at L3-4 and L4-5 with PEEK (poly-ether-ether-ketone) cage placement. The procedure was via lateral approach and no additional instrumentation (rods or screws) was used in the procedure. Subsequently, the man developed a rather profound lumbosacral plexopathy with very severe atrophy in both lower extremities as a complication of surgery.