BREAKING NEWS

5 Days Later He Saw His Chiropractor

3 Years Later Discectomies

Walter was rear-ended on the 405 South in West Los Angeles.

Walter waited 5 days to see his chiropractor. A big fact the defense tried to make. Defendant further contended that Walter was not hurt by this accident, but treated for preexisting degenerative changes.

Walter got MRI’s two months later and was then referred 1.5 years later to pain management, where he received two epidurals. Finally, after physical therapy and chiropractic care he was forced to get rhizotomies and two discectomies.

Mercury offered $30,000.

Walter demanded the policy limits of $100,000.

Walter earned a verdict of $374,500.

Mercury will have to pay all court costs, expert fees and 10% on the award.

Los Angeles Superior Court, Hon. Mark Epstein presiding.

September 6, 2023

ACE'S LIT TIPS ⚖️

I spoke last weekend on a PI panel up in Napa at CalChiro’s annual meeting and a big topic that we discussed was what to do with pre-existing conditions as it relates to apportionment. Some took the position that a chiropractor should never apportion, others said that they should only do it if they are a paid expert and even then, only right before trial when you have all of the information.

I agree that you should be paid as an expert to give that kind of opinion which really requires that you be furnished with all of a patient’s prior records, however, the main point I wanted to get across was that you can’t try and hide the pre-existing condition. If you know a patient has an injury to a body part that they are now claiming was injured in (or exacerbated by) an accident, you have to discuss that in your notes/report. Make note of the way in which that injury has changed. Did the pain go from dull and achy to sharp and debilitating? Did the pain levels go up? Did the range of motion go down? Does the change in the injury effect their activities of daily living (i.e., I used to be able to clean the house even with my pain before, but now I can’t even lift the vacuum)?

Remember that the insurance company will absolutely find out about the pre-existing condition, so it is best in these situations to acknowledge it and distinguish or differentiate it as clearly as possible. Then, later, if asked (and paid), you can decide if you want to apportion the patient’s current pain and need for future medical treatment as between their two injuries.

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