Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 564
Lawyers & Medical Specialists Meetings 41L

From the Desk of Dr. Mark Studin
Academy of Chiropractic
Preamble: many of these issues I bring are small, yet each issue is just that… an issue. If you take care of the small issues, then you will be able to build and focus on the larger issues… a larger, more profitable practice along with more family time.

“Impairment Rating Confusion”

Most lawyers simply do not get it. They set up every case for trial and expect settlement to take care of itself. As a result, the lawyers are giving up huge chunks of settlement money at the expense of your patients. AND… what makes it worse, they think that medical specialists are the solution and often don’t give you a second look UNLESS you educate them.

In addition, many lawyers often get angry when you render an impairment rating because in their minds, they think that is ONLY for the workers compensation lawyers. Most (99% that I spoke to) do not understand the settlement algorithms and still live in the verdict paradigm although 99% of their business is settlements. 

The following is a reply from one doctor in New York to help focus one lawyer on what THEY need and to begin the process of getting them to know that you are their solution. The doctor had sent as a matter of policy, the x-ray digitizing report when he received it WITHOUT first sitting with the lawyer and explaining the findings. Therein lies the confusion because lawyers simply don’t get it. The lawyer in return sent a very strong and slightly nasty note to the DC to send over basic findings without understanding where the digitizing and impairment fit in.

The DC’s reply to that communication: 

Dr, Mr. Lawyer,

I received your brief email regarding the impairment rating and no, I am not offended by your comments. In fact, you have helped me to realize that the legal community doesn't fully understand the position of the impairment ratings regarding insurance carrier algorithms and settlements.

Your request for items such as range of motion and a history of pain and injuries is pro forma and will be sent in our final report. My goal has always been to constantly forward all findings during the course of care however, I now realize that unless positioned properly, some of these reports can become confusing in the interim. 

Specifically, according to a State Farm and Allstate superintendent, impairment ratings are a well-guarded secret. Impairment ratings are worth 25% of your settlement offer. Very few attorneys in the state of New York understand this, which is one of the reasons for the continual downward spiral of settlement (lowball) offers. There are many other reasons why lowball offers are the norm and based upon my research and education I am in possession of a good portion of the settlement algorithms. 

I look forward to creating a full narrative report for your client, which will contain the points necessary for increased settlement offers (based on proper positioning of clinical findings) and welcome sitting with you and your staff to help you understand what I have learned. Please understand that verdicts are different than settlements from the carriers perspective and the carriers are "banking" on the fact that almost every lawyer in the state of New York (and nationally) will continue to set their cases up for trial thinking that settlements will take care of itself.

I look forward to sitting with you and your staff for 30 minutes to share with you what I have learned. Please contact me at your convenience.

Thank you,

This is how you win…Educate!!!!!!!!!!!!!!!!!



Adjunct Assistant Professor of Chiropractic, University of Bridgeport, College of Chiropractic

Adjunct Professor, Division of Clinical Sciences, Texas Chiropractic College

Educational Presenter, Accreditation Council for Continuing Medical Education Joint Partnership with the State University of New York at Buffalo, School of Medicine and Biomedical Sciences 

Academy of Chiropractic 

US Chiropractic Directory

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