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Wednesday, August 17, 2022

BREAKING NEWS

A TALE OF TWO TRIALS: THE MONSTER VS. PUNY VERDICTS

 THE STANISLAUS COUNTY MONSTER 

 

Kerry’s car was rear-ended on the 1-5 by a company truck owned by Premiere Raspberries, LLC [typically carry $1,000,000 insurance]. The accident propelled Kerry into the car ahead. Kerry was taken by ambulance to the ER. No MRI’s were offered. 


She received care from two chiropractors and one physical therapist. The PT wrote that after 6 months she had no complaints; 0/10. However, Kerry disputed that and saw a chiropractor for chronic back pain. The DC prescribed an MRI for the lumbar spine, which revealed significant disc damage. Kerry underwent an epidural injection without relief. After a year she received L5-S1 fusion surgery. Kerry testified the surgery decreased her pain “significantly.”


Kerry’s total medical bills were $313,904, with expected future medical at $649,122. After a 10-day trial the jury awarded $6,600,000 in conservative Stanislaus County.


Kerry vs. Premiere Raspberries. April 27, 2022. Judge Sonny Sandhu. 



 THE SAN DIEGO DISAPPOINTMENT 


Elise was rear-ended at 20 to 30 mph resulting in injuries to her neck, wrist, and thumb. Elise, who is a 56 year old property manager, required arthroscopic surgery on the hand. 


Defendant argued Elise was not credible. At worse, Elise suffered a sprain that should have resolved in three months and that Defendant did not cause any injury to hand, wrist, or thumb because Elise’s wrist problems were pre-existing. 


Elise argued she had a bad neck without symptoms. The accident aggravated her prior neck issues. 


Elise demanded $100,000. Her medical bills were $96,000. Defendant offered $35,000. 


The jury awarded $38,000 [saving Elise from having to pay thousands of court costs herself].


Elise vs. San Filippo. June 20, 2022, Hon James Mangione.

FEATURED ARTICLES

Lewkovich: How to get patients to do Home Exercise Rehab

As we predicted in the January 11, 2022 PI Email Issue insurance companies are demanding evidence that patients are getting home exercise instructions from their doctors.


Still, most doctors do make the effort -- and doctors should. They get paid for the instruction and “CPT codes for therapeutic exercise (97110), neuromuscular re-education (97112), and therapeutic activity (97530).”


Home exercise is crucial to justify your care program. 


Lewkovich offers 8 reason to get the patient on board with self-care. Among those reasons are:


  • Engaging in patient compliance [see future articles from Dr. David Cruz on this issue],
  • Patient pitfalls,
  • Adapting to changing patient needs, and more.


For your free copy of this excellent two-pager, contact johntawlian@shawnsteel.com.


Beware of the Post Settlement Audit Police

Almost as bad as if the FBI raided your home in the early morning, is when an auto insurance company demands your old files of cases paid long ago.


Money that an insurance company can squeeze from an intimidated doctor helps their bottom line. 


The Paperwork Project offers a clear summation of what a Post Payment Audit is and its common triggers. Get your copy from johntawlian@shawnsteel.com.


ACE'S LIT TIPS 🔥

We find ourselves in lecture saying the following line—sort of tongue-and-cheek—all the time: If an attorney returns you lien with edits, cross outs, or redactions, you should thank them for highlighting exactly the way they intend to screw you when your patient’s case resolves.


Well, here is an example of that coming to fruition.


Here the attorney crossed out the sentence, “I have been advised that if my attorney does not wish to cooperate in protecting the doctor’s interest, the doctor will not await payment but may declare the entire balance due and payable.” You can see he also crossed out “fully” as in “fully compensate” as well as the sentence, “Attorney further agrees that in the event this lien is litigated that the prevailing party will be awarded attorney fees and costs.” 


Not surprisingly, this attorney is now proposing a massive reduction in the chiropractor’s bill and feels as though he and the patient are protected from litigation under this edited lien. 


If an attorney edits your lien, send them a fresh copy and insist that it be signed unedited. If they refuse, you should not be working on a lien with this attorney. Liens are risky and edited liens are vastly more risky. As Shawn Steel would say, no one wants to operate a free clinic. 


Feel free to email me at alexandereisner@shawnsteel.com.

📢📢 COMING SOON! 📢📢

We wrote a book -- Join Wait List


The Intelligent Chiropractor's Guide to Survival is a candid discussion on what to expect and what it takes to survive in the world of personal injury in an ethical and profitable way. Whether you're newly licensed or a veteran chiropractor, this guide will help you navigate the ever-changing PI world.


With Forewords written by Dr. Carl Cleveland and Sam Collins, this is a guide you don't want to do without.


Click here to sign up for updates on the book's launch.

UPCOMING EVENTS

AUGUST 16, 2022

CAL CHIRO SAN JOAQUIN/STANISLAUS

Approved for 2 CE hours in Ethics and Law.


Please join us at Octavio's in Stockton.

CLICK HERE TO REGISTER

AUGUST 31, 2022 - SSLF PODCAST

Join us for a discussion on provable home exercise and getting paid for it.

CLICK HERE TO REGISTER

FEATURED VIDEO

RULES Of STEEL, RULE 1: M.I.S.T. PI Cases = CASH ONLY

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ADDITIONAL RESOURCES

Check out our website for helpful articles and resources to help you succeed!

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DOCTOR'S RESOURCES

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PODCAST CHANNEL

SHAWN'S ETHICS CE COURSE NOW ONLINE

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Interested in earning Ethics CE in the comfort of your home or office?


Shawn's Professional Boundaries: Scope of Practice is now ONLINE through WebExercises! Sign up by clicking the link below or using the QR Code.


Include our promo code: ETHICS20 at checkout for 20% off.

Click Here to Sign Up


Contact John Tawlian with any questions johntawlian@shawnsteel.com.

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