Academy of Chiropractic Personal Injury & Primary Spine Care Program
Quickie Consult 1027
“Sex, Re-Evaluations and Proximate Cause”
E&M Narratives MUSTS
“Family... DONE… Rest... DONE… long days and sleepless nights… NEXT Mark Studin 2018
I have been recording the “Chiropractor in the Courtroom” Course, which is a sequel to the testifying course and a few critical items must be addressed in all reports.
Relations: or SEX to be blunt must be discussed to get a complete story of the negative sequela from injury. Also, to fully know your patient, that is part of their life, and you are supposed to know more than the carriers IME or DME doctors. This is a very simple, non-confronting conversation and the question that could be asked is: “Mr(s) Jones, has the injury caused any changes in your personal relations with your husband/wife?
It is usually as simple as that, and if so, they will typically go onto describe the pain that sex causes preventing them from having normal relations. At that point, you have to ask them about before and after the accident. This is both critical to the courtroom and part of the Colossus algorithm and must be documented.
If you do not document it, you cannot discuss it in court if you have to testify as it will be considered inadmissible. This knowledge secures that you have a intimate knowledge of your patient’s injuries beyond other experts who often see the patient once, or just did a record review. This will also sway the court toward your opinion based upon your “deep” knowledge” of your patient.
Re-Evaluations: The courts require serial evaluations or regularly scheduled re-evaluations. Too many chiropractors treat patients and never do a re-evaluation while treating often upwards of 2-years. We have discussed in great length the mandate of re-evaluating every 30 days, and the legal experts feel this will make you close to bulletproof. Break that rule, and you can be “fodder” on cross-examination for the defense lawyer.
Proximate Causality: To fully understand the word “Proximate” you must take the Testifying course. However, to keep it basic, you must document causality on every evaluation, re-evaluation, permanency report and narrative report. That is non-negotiable.
There is a lot going on in courts nationally, and you need to keep up. I share with you tidbits like the above, but it is not enough. Take the testifying course and the sequel that will be out in a few weeks. Also, I will have masterminds with lawyers for you to attend. Watch for announcements.
Mark Studin DC, FASBE(C), DAAPM, DAAMLP
Adjunct Associate Professor of Chiropractic, University of Bridgeport, College of Chiropractic
Adjunct Post Graduate Faculty, Cleveland University-Kansas City, College of Chiropractic
Adjunct Professor, Division of Clinical Sciences, Texas Chiropractic College
Graduate Medical 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