Bicycle Cases - Big Errors New Patients Can Make

PI EMAIL ALERT: JAN. 31, 2019

Shawn Steel, John Tawlian & Alexander Eisner

Lewkovich: Common Mistakes Patients Make after the Accident

Most patients are not aware of their errors that could hurt

their case. Prompt education is crucial to prevent a

“good” case from going “bad”

· No info, ID or pictures at the scene

· Admitting liability.

· Talking with or giving recorded statement to opposing insurance company

· Avoid seeing a doctor immediately after accident

· Downplaying or exaggerating one’s injuries

See these and several other Mistakes Lewkovich discusses and resolves.

To get a copy of this report email johntawlian@shawnsteel.com

SAM COLLINS GRADING OF SPRAINS

We seldom see traumatic sprains graded. This is bread and butter chiropractic diagnosis. Consider Sam’s Grading

Grade 1: Mild: Stretched but not torn.

Grade 2: Moderate: partial tearing ligament.

Grade 3: Severe: complete tear of ligament.

Get the full Grading System from

johntawian@shawnsteel.com

Bicycle vs. Car Door: San Diego Verdict

Julio Hernandez was riding his bicycle when he passed defendant Abou in a parked car. Abou opened his driver side door and Hernandez collided into the door.

Hernandez claimed low back and a cut on his right foot. Later Hernandez developed an injured knee.

He sought care from a chiropractor for 39 visits. The DC referred Hernandez to an orthopedist then a knee specialist.

The insurance company argued that that Hernandez suffered only a “mild low back sprain”. That Hernandez failed to mention any knee injury at the ER.

The jury sided with Hernandez.

Hernandez vs. Abou, BC 655318, San Diego Superior Court, Hon. Peter J Mirich.

Verdict: $111,604

PRACTICE TIPS

· Bicycle accidents are rapidly increasing, and the injuries are clearly obvious.

· Juries are more favorable to bicyclists.

· The Knee Injury was the key finding.

· The DC wisely followed up on the claim and got patient to the right specialist.

ACE Lit Tips

Education! When your patients are being deposed in litigation, they are always asked to explain the chiropractic treatment they received and the benefits/effects that it had on them. Often, they are completely unable to explain the treatment and why it was rendered to them. This is a prime opportunity for your patients to justify your treatment and billing…if they are able.

While you are treating, consider explaining (every time) the treatment you are rendering (using the proper terminology) and why you are doing it. After hearing it, repeatedly, for months of treatment they will likely be able to explain it (or at least parrot it) in their depositions.

CLICK HERE TO EMAIL ALEX