Academy of Chiropractic’s
Lawyers PI Program
Build Your Infrastructure #135
From the Desk of:
Mark Studin DC, FASBE(C), DAAPM, DAAMLP
"STUDIN Top 10
The Road to Success or failure: 2013"
The Top 5 in Failure Technology
The Top 5 in Success Technology
#5: "My dog at the homework": Getting reports late to lawyers. You have realize that lawyers ALWAYS procrastinate making them require documentation quickly. If you procrastinate as well, they miss court mandated deadlines and cost them their cases.
#4: Being full of crap...with conviction! How many times do you give an opinion to anyone and it's wrong? The bigger picture is that when you give a wrong opinion to a lawyer, it usually costs them $1,000's in court and expert fees and then they lose their case...and the patient? You screwed them too. Want to know why you never get another referral? This can be one prime area.
#3: Diane understands it. Diane is the universal name for staff because that was my staff member whom I ABDICATED everything in my office to. All I wanted to do was heal patients because I am the healer. That is such a line of crap!!! The reason you abdicate everything to Diane is because you are LAZY!!! If Diane was so good, she would have her own business and make a lot more than you can afford to pay her to stay. Therefore you are giving your entire practice to someone who cannot make it on their own and you wonder why your practice isn't where you want it to be. BECASUE it is where Diane wants it to be. She has to work that much harder to go the next level and you don't pay her enough for her to commit to doing so...and she also doesn't have the tools to take you there.
If you want to go to the next level. Take control of your ship!
#2: I like how I practice, it works. Too bad...the dinosaurs liked how they lived also. The marketplace is changing VERY fast. I have shared with you changes over the last few weeks of evidenced based practice, MRI Certification requirements and documentation mandates, yet many of you still call me that you are being audited, or not getting paid or sued because you didn't heed the warnings. They are real and WILL effect you... it's not about will they effect you, it's only when.
#1: THE BIGGEST REASON FOR FAILURE is that you didn't read all of the consultations because...well it doesn't really matter why. You just didn't read them. The answer to virtually everything you need to do and fix whatever issues you have is located in these consultations. Too many of you only read the quickie consultations that I e-mail and never go to the Website and read the posts online. Those are the core of the program.
The really stupid doctors read them because they know they don't have all of the answers. It's the really smart doctors who never bother reading because you want to take parts of the program and put them in your practice...us stupid guys, we aren't that smart so we just take our practices and put them into the program because we don't want to re-invent what works... By the way, us stupid guys don't have much time, as we laughing at you smart guys "all the way to the bank".
#5: "March without appearing to march" This is where you NEVER ask for the referral, but everything you do says... "Send me your referrals...all of them". IF...you have done your homework, prepared your documentation and have down the protocols to share with lawyers when you meet with them, they will refer to you. You will NEVER have to ask...and you shouldn't.
#4: Timely Submission. Deadlines matter more than ever before. Not only are there court mandated deadlines for the lawyers, but there is now tightening legislation on filing claims to carriers and the amount of time is ever shortening. Each of you must call your state insurance departments and inquire about the regulatory amount of time to file a claim. Don't get caught being late to forever be denied on valid services rendered.
#3: Evidence-Evidence-Evidence That is the mantra for 2013 and beyond. The new insurance and courtroom algorithm is having the research validating your care and presented UP FRONT. It is for this reason we created the EMR Macro program. Use ours, don't use ours...you now have no choice because laws are changing rapidly to give the carriers another reason not to pay you. In states where there are no laws, the carriers are still citing this as a reason for denial for not following "standards of care". They are very smart in looking at other states and creating schemes to deny payment to you. In this case, it is not them being the reason you are not getting paid...it is YOU because you know better.
#2: Certifications- Certifications- Certifications... have now replaced credentials as the prime reason for being allowed to testify as expert. Again, court rulings and regulations are changing very fast and judges have "drank the cool-aid" from defense counsels who have found a way to discredit doctors in the courtroom by not being certified. This is coming to a courtroom near you if it isn't already there. There is a reason why I travel the country and speak to lawyers from coast to coast. It is to learn the trends of the courts and what lawyers NEED to be able to work with you.
This past week alone, there were 3 doctors who were certified to testify on MRI in court who have taken the certification course, where other doctors have been precluded to testify because what they thought was a good course didn't meet the courts criteria. I also spoke to the lawyer of 1 of the doctors who was not accepted as expert due to his poor credentials. That lawyer indicated they will NEVER work with that doctor again. It cost them their case and they were PISSED!!!!!
Reputations matter greatly and are the core of your REFERRALS.
#1: Stay up to date on the consultations. What was vogue for personal injury practices 6-12 months ago may not be today. In fact, in the past 6 months there have been more changes than in the last 3 years combined. Things are changing quickly and I expect to see the rate of change speed up over time. There is too much money at stake and since Florida "rolled over" with one of the most 1-sided rulings in the nation regarding the injured it appears the carriers have gotten bolder in their attempt force their will throughout the entire nation. This is my perception and when searching for trends it all fits.
These indicators are the same I used to accurately forecast the needs for certifications 5 years ago and evidenced based Macros 3 years ago. My goal is for all of you to stay WAY AHEAD of the changes and not have play "catch-up" because once you do, you have lost.