When a Doctor’s Lien is not: Part Two

A hard working DC from Beaumont sent us a lien signed by a PI attorney asking for our opinion.

We counted 16 places where the PI attorney crossed out language on the pre-printed form. Then he writes, “in the attorney’s sole judgment” whether he will pay the doctor or not.

This is not a lien. It’s a one way ticket to unhappiness. The PI attorney can alter your lien. But you don’t have to accept his alteration.

If some attorney “re-writes” your lien is never good. Instead suggest to the patient they get a new pro chiropractic attorney or begin to pay in with cash.



We get Questions

Q: We treated an auto accident patient who was insured by her sister’s AAA med pay. The patient was still treating a year after the accident. AAA paid for all care up until the one year anniversary.

Can AAA cut of payment if the patient still requires medical/chiropractic care?

Answer: Sure AAA can. AAA covers the patient for ONLY one year following the accident. Even if the patient requires surgery---AAA owes nothing after they’ve paid for the one year. Some carriers offer three years coverage. As always look at the insurance contract.

Email me any PI questions you might have and I will either answer it personally or in this newsletter JohnTawlian@shawnsteel.com


SHAWN’S SPEAKING SCHEDULE

 Victor Tong, DC & Associates

Buena Park  09/24/2011

 H.J. Ross & AAC Advanced Insurance

Costa Mesa 09/24 & 25/ 2011
San Jose 10/15 & 16/2011

 CCA-San Dieto District

San Diego 9/28/2011

For questions call John at 310-697-9000 or e-mail: johntawlian@shawnsteel.com




Nordhoff’s big win in Oakland

Chiropractic author and expert, Lawrence Nordhoff, was able to convince a jury that Joe Alkakos, 42, deserved compensation, even though Joe was not wearing a seat belt.

Alkakos was transported to Eden Medical Trauma Center, then spent 3 days at Kaiser. His injuries included post-hemorrhage anemia, multiple rib fractures and contusions with neck and back sprains.

Even though the jury found Alkakos was negligent for not wearing his seat belt it was not a “substantial” factor in causing his injuries.

Lawrence prevailed over St Farm’s expert Jeffrey Lotz, PHD a biomechanical expert. Nordhoff, a prolific author and practicing chiropractor, specializes in “injury biomechanics”. You can reach him at http://www.chiropracticofficeforms.com/


After 4 days of deliberation the jury awarded Alkakos $158,589. St. Farm offered only $25,000. Alkakos vs. Mathis, Superior Court of Alameda, June 30, 2011. RG10506536.

DC vs. DC in Ventura County

Brian Pires DC, Pasadena, a defense expert for Mercury challenged a local DC’s treatment by arguing that the accident was “too low to cause any notable injuries”.

A family of 4 were rear-ended. All 4 saw the same DC and each claimed roughly $4000 in medical bills. All 4 claimed similar injuries, underwent similar treatment that was “inconsistent” with the mechanism for injury. The jury probably asked why the teenage children required the same care as the parents.

The jury awarded $1,450 for the driver only. Ventura Superior Court, No 56-1020-00373873. Judge Charles McGrath, June 21, 2011.