Sep 15, 2009

Liability & Labor Disability Personal Injury Cases

 Liability - Personal Injury Cases

Even when all aspects of case are well managed, problems for reimbursement can ensue. If the liability for the automobile accident is disputed, the settlement will often be different when compared to an undisputed case.

For example, if the treated patient is found to be 20 percent comparatively negligent for not wearing his seat belt, the final award of $10,000 would now total $8,000.

This final award now reflects the 20 percent comparative negligence. In our opinion, it is not fair for the doctor to reduce his bill by any amount to compensate the patient for his negligence.

Labor Disability

There are times, most often in severe traumas, when a labor disabling status will be afforded to the patient.

To justify this status and the accompanying reimbursement for lost wages, the doctor must document what specific occupational activities are prohibited by the injury. Failure to document the need for temporary disability will cause the patient to lose financial compensation for his loss of earning.

Documentation

This is a broad classification which encompasses all written words concerning this accident. We are of the opinion that "travel cards" and "fill in the blank exam forms" are no longer sufficient in the current medical/legal system.

They tell what was done but not the reason. The literature is very clear as to how to properly document each of the patient's office visits. The SOAP acronym is most often used:
"S" refers to the patient's subjective complaints,
"O" refers to the objective evidence for care seen on each office visit,
"A" stands for the doctor's assessment of the patient's condition, and the
"P" pertains to the treatment plan of that visit.

This type of documentation is not only taught in the chiropractic schools, but is also recommended by most malpractice insurance carriers as the proper way to document each of the dates of service.

It should be mentioned that even the best attorneys can not adequately represent their clients interests without proper documentation from the doctor.

We hope this discussion has enlightened and provided a reasonable source of reference for both sides of these issues.

The doctor has a heavy burden. He must not only adequately treat the patient, but also assume the responsibility placed upon him by the legal system. The financial and personal rewards for his efforts will be more than adequate for the effort expended.

Read More of this article
  1. Well Managed Chiropractic Soft Tissue Injury
  2. Managing Soft Tissue Injury with Chiropractic  
  3. Soft Tissue Treatments Personal Injury Case  
  4. Frequency of Care for a Soft Tissue Injury  
  5. Treatment Times for a Soft Tissue Injury
  6. Orthopedic Supports for Soft Tissue injuries
  7. Special Tests for Soft Tissue Injuries
  8. Narrative Reports for Soft Tissue Injuries personal Injury Cases
  9. End Points of Care Personal Injury Case
  10. Prognosis & Fees Personal Injuries Personal Injury Case
  11. Liability & Labor Disability Personal Injury Cases
  12. An Introduction to Outcome Assessment Personal Injury(Part 1)
  13. Outcome Assessment personal Injury(Part 2)
  14. Personal Injury Outcome Assessment(Part 3)

Writers Bio

Dr. Steven R. Jones is a licensed Chiropractor in the state of California. He received his doctorate from Palmer College of Chiropractic-West in Sunnyvale, California. Dr. Jones has treated his patients for over 15 years at his own San Diego Chiropractic practice.

Dr. Jones is accepting new patients and would be happy to consult with you regarding your chiropractic needs.

Call Steve Jones at
(619) 280 0554
San Diego Chiropractic

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