Episode 5: Car Wrecks, Necks, & Checks (Part 2)

SUMMARY

In part 2 of the podcast series on personal injury basics for chiropractors, Dr. Duncan and guest speaker Will Maxey, a personal injury attorney, discuss important topics such as defining maximum medical improvement (MMI), treating up to MMI, typical treatment duration and cost, how to handle missed visits, patient compliance, advanced imaging, and payment options. This conversation also covers topics such as doctor's liens and assignments , the importance of clear documentation, when and how to send patient records, settlement timeframe, the unpredictability of personal injury cases, and what to expect in depositions. They end with explaining the importance of chiropractors understanding litigation and negotiations, as well as taking legal action in case of non-payment.

TAKEAWAYS

• Understanding maximum medical improvement (MMI) is crucial in personal injury cases as it determines the point at which the patient has reached their maximum recovery, and it can also impact the patient's personal injury claim. 
• Chiropractors should be cautious about treating patients past MMI as it may be difficult to justify the necessity of continued treatment to insurance companies or juries.
• Treatment duration and cost in personal injury cases should be reasonable and tailored to the specific needs of the patient, with excessive treatment potentially jeopardizing the case.
• Having a clear missed visit and cancellation policy is important to maintain patient compliance and avoid potential issues in the case.
• If a patient consistently misses appointments or fails to comply with the treatment plan, it may be necessary to terminate the case to protect the chiropractor's interests.
• When advanced imaging is needed, patients should ideally have health insurance or a means to pay for it, but attorneys may be able to provide options through a letter of protection.
• Clear and detailed documentation is crucial in personal injury cases, and it is important to follow the standards of medical doctors in record-keeping.
• Personal injury cases should not be relied upon as the sole source of income for a chiropractic clinic.
• Chiropractors may face disrespect and attempts to discredit their education and profession by insurance defense attorneys in personal injury cases. It is important to stay calm and collected in such situations.
• Chiropractors cannot refuse a subpoena and may need to take time away from their practice for depositions and trials. They can charge for their time, but getting the invoice paid may require follow-up.
• It is crucial to check the status of personal injury cases and communicate with attorneys to ensure timely payment. If there are delays or non-payment, in certain circumstances, chiropractors can take legal action.
• Reductions in payment are common in personal injury cases due to limited coverage and multiple lien holders. Chiropractors should consider the circumstances and negotiate reductions based on their bills.

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