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Monday, January 31, 2022

BREAKING NEWS

Your Patient's Social Media Can Ruin a Case

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22 year old student Rodiger had two problems. He was riding an electric scooter on a sidewalk and enjoyed social media too much. 


The poor DC paid a heavy price for investing his time and expertise into Rodiger’s care.


First, Rodiger’s scooter entered the crosswalk in the Fairfax District from a sidewalk. He crossed the path of the defendant who was making a right turn. She never saw him. His scooter ran underneath her front bumper. Luckily he was not on his scooter but jumped off before impact. Defendant claimed that Rodiger hopped off his scooter and was not hurt. 


Second, Rodiger documented his social and athletic activities days after the accident on Instagram. The jury heard the testimony and saw the social media posts showcasing Rodiger's amazing dexterity. They did not believe Rodiger was hurt at all and rendered a defense verdict. 


Rodiger vs. Emily et al Los Angeles Superior Court, Oct 12, 2021, Hon. Frederick Shaller



PRACTICE TIPS


1. If your case is on a lien, you win only if your patient is in the right.

2. Scooter [or bicycle or pedestrian] injuries are often devastating. 

3. Be sure the PI attorney does a thorough investigation before you invest your time or ask the patient to pay cash to minimize your risk.


FEATURED ARTICLE

How Uber and Lyft Save Lives

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Two Berkeley professors estimate that Uber and Lyft, “[have] decreased US alcohol-related traffic fatalities by 6.1% and reduced the total US traffic fatalities by 4.0%”


Note that 42,000 Americans died of traffic fatalities last year -- some 10,000 were alcohol related.


Published by the National Bureau of Economic Research, the new data shows that each time Uber rolls into a new city, alcohol fatalities are reduced. This is particularly true at night and weekends.


On the other hand, in Colorado, data shows that traffic fatalities are increasing for drivers impaired with THC.


Wall Street Journal July 30, 2021 

PI SURVEY: BAD PI LAWYERS

1. How many times have you been burned by dishonest PI lawyers? 

2. Can you estimate the amount of money you lost because of dishonest PI lawyers?


3. Have you reduced your PI practice because of bad PI lawyers?


To take the survey, client the button below.

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Results will be shared in the next issue.

ACE'S LIT TIPS

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The newest legislation effecting chiropractors today is the No Surprises Act. I could explain in dense, borderline-incomprehensible legalese how it works…but I figured you might rather hear about it from the world famous Sam Collins. 


"The No Surprise law was essentially designed to prevent people from getting large medical and hospital bills as a surprise when they assumed the provider was in-network and later turned out to be out of network. 

 

The law requires that providers give the patient a good faith estimate of what they’re out of pocket charges could be so that there are no surprises. Both in and out of network.

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In a chiropractic or acupuncture practice or small practice, I would assume this is already the case with a financial agreement. See the attached forms one for in and one for out of network.

 

For in-network, it’s fairly easy as it is a set copay or amount. However, out-of-network providers must make patients aware of what their total charges are and that there’s no guarantee that the patients' insurance would pay the full amount and therefore the patient could be liable for the entire billed amount. 

 

Part of the law also emphasizes that insurance companies must be more transparent as to the amount that they would allow as well as give providers information on their allowed rates 

 

It also requires insurance carriers to keep their list of providers up to date so that patients who choose a provider based on their list is not later liable for amounts when the provider was out of network

 

Carriers will have to update their list every regularly verifying those providers are in or out of network so that patients can have a clear choice of providers and not be worried that the provider may be out of network

 

The estimate range must be no greater is $400 which should be within a decent margin for Chiro services. 

 

In simplest terms, an office must disclose the cost of their services and provide a good faith estimate of what the patient may or will be liable for.

 

  • Be specific to each patient; a generic list of fees is not acceptable.
  • Include the cost of expected items and services.
  • Provide this information orally and in writing.
  • Have the patient to sign the written estimate.
  • Must be in an accessible format for the patient (ie may need to be in a different language).
  • Should include estimates from any other providers who may be involved in care (ie massage, imaging and should note if any of these services and whether that provider is in or out of network).
  • Include the expected scope of any recurring primary items or services (such as timeframes, frequency, and the total number of recurring items/services).
  • Cannot exceed 12 months for recurring items/services."


If you have any questions or concerns, feel free to contact me at alexandereisner@shawnsteel.com.

UPCOMING EVENTS

TUESDAY, FEBRUARY 15, 2022

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CLICK HERE TO REGISTER

MARCH THROUGH JUNE 2022

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ADDITIONAL RESOURCES

Check out our website for helpful articles and resources to help you succeed!

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Interested in earning Ethics CE in the comfort of your home or office?


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Contact John Tawlian with any questions johntawlian@shawnsteel.com.

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