-Must have impeccable credentials and training in the areas related to trauma such as MRI interpretation, Accident Reconstruction, Spinal Bio Mechanical Engineering, Spinal Trauma Pathology, Medical Legal Documentation, Triaging the Injured and more to help render an accurate diagnosis, prognosis, and treatment plan. These credentials must be obtained formally through highly respected medical and chiropractic schools to ensure admissibility in the Courts.
-More than ever, being able to accurately diagnose and reconstruct what happened in a car accident so that he/she can connect causality, bodily injury, persistent functional loss, permanency must have the proper training and credentials to do so. This includes knowing, understanding and documenting the latest medical research related to traumatic injuries, connective tissue injuries, disc definitions, reading and understanding MRI’s, low speed impact collisions, understanding AOMSI (alteration of motion segment integrity) and how AOMSI is much worse than a herniated disc (per the AMA Guides to the Evaluation of Permanent Impairment ratings). In addition, accurate diagnosing and utilizing the research on connective tissue injuries (strain/sprain), and how to properly write a narrative report that demonstratively explains and communicates all of this simply.
-Must be willing to refer the patient to specialists when appropriate such as an orthopedist, pain management, neurologist, neurosurgeon, and have open dialogue with those specialists to best serve the patient’s medical needs.
-Credentials will be admissible in a court of law through Voir Dire, Daubert or Frye hearing. These admissible credentials will allow the chiropractor to opine on MRI findings, Connective Tissue Injuries demonstrable by digitized flexion and extension x-rays, AOMSI, Accident Reconstruction and other critical areas related to injury. This can lower trial costs considerably if only one expert is needed.
-Will not be confused by deceptive defense rhetoric in documentation or the courtroom.
-Will understand and communicate the scientific medical literature clearly showing that pre-existing injuries and arthritis are RISK FACTORS that can cause the patient to sustain MORE INJURY WITH LESS FORCE rather than letting the deceptive rhetoric of the insurance company call it a “pre-existing” injury.
-Will understand and communicate that low speed impact collisions can cause a host of serious and permanent injuries and that the insurance company’s deceptive rhetoric stating that “no damage=no injuries does not match up with the current scientific literature on the subject of low speed collisions with minimal or no damage to vehicles.
-Must not allow an insurance company DME doctor to discharge his/her patient based on faulty DME examination procedures. This new doctor will push back and write IME rebuttals that will make the insurance company and IME doctor take notice that we will not tolerate unethical tactics on his/her patient and when indicated will render licensure complaints against all DME’s that do not report the truth.
This is the New Paradigm for personal injury in Texas and the nation. Yes, it’s getting harder for both doctors and lawyers. Yes, the insurance company’s tactics are tough and all too often underhanded and unfair. But … hard work, ethics, proper training, credentials, and knowledge of the scientific facts will allow us to prevail in should you go to trial.
If you would like assistance with a client who is being denied a proper settlement and feel there may be more to the case, please feel free to contact our office at any time for a free consultation.
To view my entire CV, please click here.