Academy of Chiropractic Personal Injury & Primary Spine Care Program
Quickie Consult 645
“2016-7 New Legal Standard”
The 2016 new legal standard is quite similar to the 2015 and 2014 standard only “on steroids.” It has been confirmed as recently as May 27, 2016 that Colossus is alive and well and still the standard of the insurance carriers. However, lawyers still fail to recognize its existence as a rule and still hold you to the courts standards. This is in part because attorneys either are ignorant to the carrier’s algorithms or focused primarily on litigation.
You cannot lose sight of the fact that lawyers are trained to litigate and therefore it is systemic for them to function in that posture. As a result, lawyers are focused on the “most credentialed doctors.” Over the past decade the trend has gone from utilizing chiropractic to shifting to medical specialists and today that trend is shifting back to chiropractic. The typical chiropractor will say “lawyers in my region will not work with chiropractors.” What that means is they spoke to one, maybe two lawyers and that was their personal opinion because they don’t understand the carrier’s algorithms and shifting trends of the courts and consider that lawyers single opinion the rule for the entire profession of law.
The reality is most attorneys need to be educated because they don’t understand.
The trend for 2017 are credentials and not just from a chiropractor. We are starting to see numerous medical doctors not be considered as experts with the courts nor impactful in Colossus algorithmic settlements. It comes down to two prime issues: the first being that those medical doctors are not appropriately credentialed and secondly the ones that are, do not meet the algorithmic requirements of documentation due to the lack of time those specialists have available to spend in a patient encounter. As a result of the above two issues, this now gives you the blueprint to move forward more successfully.
This also is a huge shift in trend AWAY from multi-disciplined offices because it NO Longer matters if the MD is in your office. That is so 2000!!!
However, regarding your credentials, I am getting direct feedback from lawyers in New York, New Jersey, Connecticut, Massachusetts, New Hampshire, Pennsylvania, Virginia, Georgia, Florida, Texas, California, Utah, Idaho, Colorado, California, Washington, Oregon, Ohio and Delaware. And this was only in the last 12 weeks! These are enough states to conclude a trend nationally and based upon my previous experience I can certify to be a national issue.
Both the courts and carriers are demanding a much higher level of credential from both treating doctors and experts in order to have your opinion accepted in the courts. This directly ties in to settlement issues because it goes back to the original statement I made a decade ago, “lawyers will not start with you and less they can finish with you regardless if they feel trial is imminent.”
As a result of doing “lawyers lectures,” either live or life video (if I have done one for you) I am gathering the email addresses of every attendee and post – seminar I am perpetually emailing the lawyers updates on medical-legal issues inclusive of research and white papers. I do this in part as a (free) service to those doctors who have made a commitment towards both clinical excellence and educating the attorneys and to help keep the legal community educated nationally. As a result, I have a direct line of communication with the legal community and the feedback I’m getting on a consistent basis is directed at the US Chiropractic Directory.
In my communications to the attorneys I constantly focus on the US Chiropractic Directory to further foster the referral relationship for the Dr. who sponsored the seminar. AS a result, many of the lawyers have told me that they are now utilizing US Chiropractic Directory as a “first option,” direct referral resource. I am however getting consistent negative feedback.
The negative feedback I’m getting are those lawyers going on to the US Chiropractic Directory and looking for doctors in other regions and their CVs are missing. In addition, those lawyers also are wondering why many doctors don’t have a full listing (not a preferred listing). From a marketing perspective never lose sight of the fact that you only have one shot at a first impression and with an absence of a preferred listing you have lost that opportunity.
Over the last 10 years I have worked tirelessly to create courses that are both the best in the industry as well as the necessity for the courts. Should you take the nine recommended courses it will give you approximately 6 pages on your CV as many of those courses have multiple citations. That is what the lawyers need to see.
In order to support you through the process I have created three levels:
1. Dr. Ron Manoni 203-994-6847 Manages the entire site and will help you on upgrading your listing and handles the finances
2. Andrew from US Digital Sciences 631-828-5585 All technical issues
3. Christina 631-561-5228 will help you get your CV’s posted and can do it for you (she charges for her time).
Currently, the US Chiropractic Directory is $20 per month and is by far the best “deal in town.” As of July 1, 2016 that fee is going up to $30 per month for all new members. As long as you beat the deadline of July 1, your fee will be guaranteed to be maintained at $20 per month for a minimum of one year, so don’t procrastinate and get your preferred listing. Also, for SEO purposes, this site will help move your way up the search engines to be seen, a service well beyond $30 or $30 per month!!!
The US Chiropractic Directory is only one indicator of the importance of credentials. Many states have either legislated or regulated the necessity for credentials for a Dr. to be an expert and in the absence of the requisite credentials lawyers are increasingly being forced to turn away from doctors in both chiropractic and medicine towards doctors in both professions who are credentialed. In addition, the courts (judges) are scrutinizing both treating doctors and experts at a much higher level forcing the lawyers in turn to scrutinize you that much more significantly.
If you combine that level of scrutiny with the necessity for a “new level” of documentation (Colossus algorithmic) requirements by the carriers this sets up the perfect scenario for the “correctly credentialed chiropractor” to thrive in today’s marketplace because the credentialed medical specialists are NOT documenting as needed for settlement purposes. That is the strategy in a large part for 2017. The challenge you’re going to have is to get the attorneys to understand that it’s no longer 2010 or 2015 as the game is perpetually changing and the carriers desire to maximize profits at the expense of their insured’s and doctors who they do not want to pay.
Mark Studin DC, FASBE(C), DAAPM, DAAMLP
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