Best practices require doctors to reach MMI. Once documentation [pain scales] shows the patient turning chronic and not improving – either make a referral or release with residual physical issues. For 90% of trauma cases, treating more than 6 months is generally disfavored.
If a patient still has significant pain after 4 to 6 months—their condition may be considered ‘chronic’. By then an MRI [if older than 45] should have already been processed. Certainly an orthopedic or neuro-surgeon’s 2nd opinion is essential. Plus those MD’s must state in writing that continued care is ”reasonable and necessary.”
Gary Lewkovich, DC |
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Eilene Thomas, a school teacher, was sitting at a table in the Century City food court. The left front leg of the chair suddenly collapsed.
She went to a local urgent care facility, then saw her chiropractor. He diagnosed multiple bulging disc injuries to her neck. Pain to her shoulders and arms. She missed 17 days of work and her DC referred her to a pro chiropractic orthopedist.
Her continuing residual problems included at the time of trial: persistent neck pain and trouble sleeping.
Her combined medical bills and lost earnings were some $26,000. Defendant offered only $15,000. Thomas demanded $35,000. The jury awarded $85,529. Thomas v Westfield LA Superior Court / Santa Monica SC 111058, Jan 14, 2012.
Rosemary is a 50 year old social worker living in Costa Mesa. She was rear-ended and forced into the car in front. Her airbags deployed. She suffered persistent headaches, concussion, and abrasions to both arms and a visible seat-belt injury contusion. She waited a week before she sees her DC.
She begin began care June 2, 2010. She was released from care August 15, 2011. Her medical bills exceeded $12,000 chiropractic.
Her DC stated under prognosis Rosemarie suffered no on-going problems that all her complaints resolved 100%.
She did not hire an attorney. When Rosemarie negotiated with Allstate [!]. Allstate offered her exactly $5,000. Take it or leave it. After that, no attorney would touch the case. It was DOA