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Update: Can an MD Evaluate the Necessity of Chiropractic Care?

In February 1992, we authored an article entitled “Can A Medical Doctor Evaluate The Reasonableness And Necessity Of Chiropractic Care — A Look At Washington Law.” In that article, we stated that based upon our reading of two Washington statutes, a licensed medical doctor appears to be prohibited from engaging in the practice of chiropractic…
Report Writing: The Unwritten Rules

Much has been written about the importance of well documented records in meeting the needs of the patient, provider, insurer, and patient’s attorney in the area of personal injury and insurance law. Good documentation provides clear information of the care given to a patient; records the progress of treatment; enables the doctor to substantiate opinions…
Long Term Prognosis of Soft Tissue Injuries of the Neck

“Physical findings after whiplash … are seldom commensurate with the severity of symptoms experienced and the findings are gone months before the symptoms abate.” M. Hohl, M.D., Soft Tissues of the Neck, Clinical Orthopedics and Related Research, No. 109, p. 42 (June 1975) When a patient who has suffered soft tissue neck injury in an…
Mitigation: The Importance of Patient Compliance with Treatment

In Washington, one who is injured through the negligence or recklessness of another is entitled to certain rights, including reasonable and necessary health care treatment. The injured party, however, also has a duty to “mitigate” damages. “Mitigation of damages” means that the injured person must take “reasonable” steps to lessen or reduce one’s damages or…
How to Handle the Patient’s Attorney and Subpoenas

Fair resolution of personal injury cases headed toward mediation, deposition, arbitration, or trial invariably depends upon the evidence provided by the treating health care professional. The plaintiff/patient’s lawyer knows that your testimony regarding your patient’s case history, examination findings, diagnosis, treatment, causation, and prognosis will be crucial. The attorney will likely require your oral testimony…
How to Reduce Your Automobile Insurance Costs: Shop Around

As a law firm whose practice is devoted exclusively to personal injury cases and insurance issues, clients, friends, community members, and business associates often ask us which insurance company has the “best rates” for automobile insurance. The answer to this question depends on an individual’s specific concerns and insurance needs. When selecting your automobile insurance…
Significance of Radiologic Loss of Cervical Lordosis

Hyperextension/hyperflexion injuries resulting from automobile trauma more often cause soft-tissue damage than fractures or dislocations. The severity of these soft-tissue injuries often depends upon the relative movement of the head and neck as well as acceleration and deceleration forces. The type and degree of soft-tissue injuries are often subtle and require careful observation. The use…
When Should Patients Sign the Insurance Company’s Release of Claims?

The Washington Supreme Court in the case of Bennett v. Shinoda Floral, 108 Wn.2d 380 (1987), addressed the issue of whether an injured party who signs a release, settling an automobile accident injury claim is barred from re-opening his/her claim at a later time even if he/she did not know the full extent or consequences…
Overview of the Washington Health Care Information Act

The Uniform Health Care Information Act adopted by the Washington State Legislature went into effect on July 28, 1991. The Act provides direction for health care providers, health care facilities, patients and other persons on access to medical records, and what can be charged for copies of records. Previously, most questions regarding access to medical…
Interest Charges on Health Care Bills

All health care providers at some time are asked to defer payment for services. For example, a person injured by the negligence of another may have a personal injury claim, but may not be able to pay for health care treatment until that claim is resolved. Equally as likely, a patient may have insurance, but…