Arizona Chiropractic Society eNewsletter

     

August 26, 2013Newsletter Subtitle

Month Year
The Arizona Chiropractic Society is here to serve you!

ARIZONA
CHIROPRACTIC
SOCIETY
 ACS Logo


3515 E. Carol Avenue
Phoenix, AZ 85028
VOICE 602.368.9496
FAX 866.567.6762

ACS@AZChiropractors.org

 

Alan M. Immerman, D.C., ACS President and Executive Director
Alan M. Immerman, D.C., ACS President and Executive Director

COURT OF APPEALS RULES CHIROPRACTORS CAN BE PAID $12 FOR DEPOSITIONS AS FACT, NOT EXPERT, WITNESSES 

 

           The Arizona Court of Appeals has ruled that chiropractors and other doctors can be paid just $12 for an entire deposition in a personal injury case since they are almost always "fact" witnesses and not "expert" witnesses. The decision was issued on 08/20/13 in the case of 
Sanchez. V. Gama, 1 CA-SA 13-0072, Department D, Arizona Court of Appeals. The appeal was filed by attorneys for State Farm who have been trying for years to pay only fact witness fees to chiropractors for depositions. ACS had filed an Amicus brief with the Court that had been accepted for review. The full opinion is posted at www.AZChiropractors.org under Breaking News. 

 

           The judges concluded: "Whether a treating physician is a fact or expert witness depends on the content of the physician's testimony. When a treating doctor is testifying only to the injury, medical treatment, and other first-hand knowledge not obtained for purposes of litigation, the treating doctor is a fact witness and need not be compensated as an expert. However, where expert testimony is solicited, whether the source of the expert's underlying information is from personal observation or the observations of others, but the testimony is developed for purposes of litigation, the doctors must be compensated accordingly. Often it will depend on the questions being presented to the treating physician. We lean on the discretionary powers of the trial court to determine when expert testimony is being solicited."

 

          Specifically in this case, the Court ruled that "a treating physician's testimony concerning the patient's diagnosis, treatment, and prognosis" is not expert testimony "simply because it necessarily draws upon his or her skill, training, and experience as a doctor."

 

           Practically, this means that in a PI case, when you are subpoenaed to appear for a deposition, you are only going to be paid a total of $12 as a fact witness. You will have to learn to be vigilant as to when "expert" questions are being asked and demand that you be paid an expert fee before agreeing to answer them.

 

           ACS and others, not including the AAC, are filing motions with the Court asking for clarification so that you can know when you are being asked a "fact" question versus an "expert" question. You have the right if asked an expert question to demand payment at expert witness rates, not fact witness rates, or you will not answer the question. You should work closely with an attorney to decide which questions fall into the fact versus expert categories. Here are some clues from the Court's decision about what qualifies as expert testimony:

  • "Testimony would constitute expert testimony requiring appropriate compensation if the  questions required a physician to review records or testimony of another health care provider or to opine regarding the standard of care or treatment given by another provider.'"
  • "Hypothetical questions or questions regarding causation also may be a signal that the doctor is being asked to give expert testimony."
  • "When the treating physician goes beyond the observations and opinions obtained by treating the individual and expresses opinions acquired or developed in anticipation of trial, then the treating physician steps into the shoes of an expert."
  • "The treating physician only functions as an expert witness to the extent that one or both of the parties ask the witness to use the basic facts to draw conclusions and express opinions on relevant medical issues."

          There will be appeals filed to this decision along with efforts to change court rules. ACS will keep you up to date on all developments. If you are not already a member, please join and help support these vital efforts. No other Arizona chiropractic association is involved in defending your rights in this battle. You can join online at www.AZChiropractors.org. 

PI SECRETS THE INSURANCE COMPANIES

DON'T WANT YOU TO KNOW

Presented by Dr. Frank Liberti, DC

 

If you work with PI cases you will want to attend this seminar

 

PI SECRETS THE INSURANCE COMPANIES DON'T WANT YOU TO KNOW

 

Saturday, September 28, 2013

Hilton Garden Inn

3838 E Van Buren

Phoenix, AZ

Registration: http://www.planetreg.com/E851830241993

 

NEW MEDICAL "DECISION POINTS" INCREASE P.I. CASE SETTLEMENT VALUE, PREVENT IME CUTOFFS AND COMMAND ATTORNEY REFERRALS!

 

Today, personal injury settlement values are routinely devalued by up to 80% and IME doctors deny or cut bills unless you know and use the secret, coveted DECISION POINTS to prevent it! Those chiropractors who include the DECISION POINTS in their SOAP notes prevent unfair settlements, stop IME cutoffs and command attorney referrals.

 

When unfair, unrealistic, low-ball settlements and IME devaluations occur, they are based on MEDICAL DECISION POINTS that determine settlement & service value. These medical Decision Points are what the insurance companies use to base their DECISIONS about how to value injuries and services. Each medical DECISION POINT is assigned its own dollar ($) value based on each insurers' rate & formula. However, the insurance companies have kept you in the dark about Decision Points - UNTIL NOW!

 

43 "DECISION POINTS" DETERMINE P.I. CLAIM VALUE AND COMMAND ATTORNEY REFERRALS

 

In personal injury claims, there are 43 Decision Points that must be documented to get fair value for the injuries and your fees. 30 of these Decision Points are medical and the remaining 13 are administrative, economic and legal. So, the doctor is responsible for the large majority of the Decision Points that result in being reimbursed and determine the value of the case. The chiropractors who know and document the medical Decision Points in their files increase the value of the case, prevent IME cutoffs and find attorneys are much more eager to refer their clients.

 

In today's hostile environment, with tremendous competition for P.I. patients and insurance company tactics to overcome, the Chiropractor must create "uniqueness", either of brand or of services that others just don't have. Those who learn and incorporate the following "Quality Standards" (QS) of medical evaluation are commanding attorney respect and referrals. It does however require that the treating physician utilize the following Quality Standards "QS" methods of assessing injuries. We have developed a computerized SOAP note system that enables the chiropractor to incorporate the following key "Quality Standards" on each P.I. patient in all 30 areas of medical Decision Points, in less than 2 minutes per office visit.

 

QUALITY STANDARDS (QS):

 

*             5th and 6th Edition AMA Guides to the Evaluation of Permanent Impairment

*             Abbreviated Injury Scale

*             Diagnostic Based Injuries (DBI's)

*             Diagnostic Related Estimates (DRE's)

*             Injury Model

*             Specific Disorders of the Spine

*             Spine Impairment Summary

 

DON'T SHORTCUT YOUR VALUE OR YOUR SERVICES

 

We wouldn't inform you of this new personal injury
Business Processing Improvement Culture (BPIC), if we didn't have a simple method for you to change the way you assess injuries according to the Quality Standards listed above. Incorporating DECISION POINTS is the only way to get a fair value for the P.I. case and prevent IME cutoffs. Incorporating Decision Points will re-invent your P.I. practice and attorneys will seek you out over the competition because you will now be able to solve their litigation obstacles while increasing case value and getting your fees paid.  Incorporating these "Quality Standards" in your assessment will revitalize any P.I. practice, rejuvenate staff, fulfill practice purpose and command increased attorney referrals.

 

 

WINNING THE "GREAT WEIGHT" CHALLENGES

 

Simply stated, in personal injury cases, the doctor and the attorney need to eliminate varying medical opinions, especially IME opinions. Evaluators often disagree about the injury types, degree of impairment, when injuries are difficult to see with the naked eye, when speeds are low and do not produce property damage or when there have been prior accidents and pre-existing conditions. There is one court approved method to determine evidentiary burdens of proof and that is referred to as the "Great Weight". Basically, it is the fiduciary responsibility of the chiropractic physician to establish the preponderance of evidence and prove injuries meet thresholds. This process wins the
Greater Weight of the evidence challenges. The chiropractor who is able to do this is going to receive a much higher percentage of referrals among area attorneys as it overcomes the common litigation obstacles.

 

 

ONE DAY TRAINING TURNS P.I. BUSINESS AROUND 180 DEGREES

 

If you've heard the phrases "Get with the program" and "Stick with the plan", you'll agree why we say it's time for a new way to do P.I. business - a new plan, a new program. We have created the plan and program so you don't have to. In short, we will introduce a way for you to get paid what you deserve, prevent lowball settlements and become the desired "go to" chiropractor in your area - in a one day personal injury training session. You will walk away with a uniqueness of your brand that others will not be able to duplicate and you will gain overall respect among attorneys and command a larger share of referrals.  

 

FULLY ENDORSED BY VETERAN PI EXPERT WITNESS ALAN M. IMMERMAN, D.C.

 

               In the past fifteen years, Dr. Immerman has reviewed and written expert reports in over 700 personal injury cases, testified in 71 Superior Court trials, 20 arbitrations, and 50 depositions. After having fully reviewed this new PI SOAP note software program, Dr. Immerman stated: "If the doctors whose files I have reviewed had used this SOAP note program, their treatment never would have been contested, rather it would have been paid for and the case never would have gone to litigation and my expert services never would have been needed. Using this program will improve your notes to the point where they will be bulletproof. You owe it to yourself to attend this one day seminar and see the newest breakthrough in PI documentation."

 

TO REGISTER

 

If you have any questions, contact Alan M. Immerman, D.C. at ACS@AZChiropractors.org or 602-368-9496. To register, click on the link below. Date and location are as follows:

 

Saturday, September 28, 2013

Hilton Garden Inn

3838 E Van Buren

Phoenix, AZ

http://www.planetreg.com/E851830241993

 

Once you have registered you will receive a link to invite the personal injury attorneys you work with.

 

YOU ARE INVITED TO ATTEND THE FIRST MONTHLY ACS BREAKING NEWS AND EDUCATIONAL WEBINAR! 

 

            ACS will be presenting a webinar every month on the first Thursday of the month at 12:45 PM to share with you the newest breaking news and to educate you on the most important information you need to know right now. Members will receive an email shortly before the webinar with a link to a webpage where they can view the webinar and post questions. Members will be welcome to invite other chiropractors who are not members but who have expressed genuine interest in joining and supporting ACS and its agenda. ACS will be using the service provided by GoToMeeting, the leading vendor in the field with the most advanced technology available.

 

             Mark your calendar for September 5, 2013 at 12:45 PM for the first ACS Webinar. If you have suggestions for the educational portion of the program, send an email to ACS with your ideas. We can cover any topic you want to hear about such as responding to claims denials, fighting refund demands, getting PI attorneys to release funds to you, dealing with ASH, how to get referrals from MDs, etc. This is your forum and we will be responsive to your needs. The Breaking News portion will include private information that we cannot write about since it is too sensitive.

 

            During the webinar, you will be at your computer and Dr. Immerman will be in front of his computer webcam and so this will truly be a face-to-face encounter. With travel taking so much time and being such a hassle, webinars have become the communication tool of choice for many doctors and so ACS has embraced the technology. If you want to know the full story of what is really going on, plan to meet with us on September 5 at 12:45 PM sharp. We are looking forward to this vast improvement in communication with our members. Remember to feel free to send in your questions and ideas for the educational portion of the webinar over the next few weeks.

 

            We are also willing to do webinars at other times during the month if you want to gather together a group of chiropractors and meet with Dr. Immerman. Simply contact ACS and arrange a time and we will get a meeting set up for you and your group. We can do as many webinars per month as needed. This is an easy way for Dr. Immerman to meet with chiropractors across the state. Let us know if you would like your own private meeting with your own group of DCs.

 

            The same offer is also extended to attorneys. If you would like a webinar meeting on any PI issue such as how to combat low speed impact arguments advanced by defense engineers, simply contact Dr. Immerman and we will set up a meeting time. We are here to disseminate the truth in order to advance the cause of justice, and such webinars will help serve this purpose.