Dr. DiMartino is an advocate for chiropractic and chiropractic patients. His law practice includes: representing health care providers before disciplinary tribunals; personal injury cases; nonchiropractic medical malpractice; and other health-related concerns. He has extensive medicolegal experience. He's been an expert witness for both plaintiffs anddefendants in personal injury and malpractice lawsuits. He is also active in combating health care fraud through his work with the U.S. Attorney's Office and his state's attorney general.
The medical-legal arena involves four distinct and interrelated players: (1) the health care provider; (2) the patient; (3) the lawyer; and (4) the insurance industry. Overall, chiropractic is looked down upon within the insurance industry. A majority of the players in the industry think that chiropractors on the whole cannot write, cannot speak, and overtreat their patients. I am sure you have heard of the admonition sometimes given to your potential chiropractic patients: don't go to a chiropractor, because once you go, you have to go forever.We know these statements are not true, but to some, this perception is reality.
I believe there are numerous reasons for these perceptions. Some are beyond our control, but many are self-induced. Within the patient realm, we have to overcome the fact that only about 10% of the population utilizes chiropractic services. We must remember that we are all ambassadors for the profession. Everyone person we come in contact with, either in person or in writing, will develop an opinion about the doctor and a feeling about the profession.
Within the realms of insurance and law, we have created a bias by our own actions. Our actions are not wrong, just different, and a majority of the players do not know anything about chiropractic. They do not know what an adjustment is; they do not know the biomechanics of the spine; and they do not know the first thing about diet and exercise. Yet, these are the people who make the decisions about whether we should be paid, and whether our patients should be compensated for their injuries.
We have been sitting on our hands and letting the major players in this industry control our destiny. How many of you have attempted to provide an in-service lecture to a group of insurance claims representatives? How many of you have sat down with an attorney and explained what chiropractic is and what it does? How many lawyers or claims representatives have you invited to come into your office to see what you really do? Many of these people have no idea that our offices look like a "real doctor's" office.
Another complication is that much of the paperwork that comes out of our offices looks foreign to a claims representative or attorney. For the most part, our office records do not look like the records they receive from other health care providers.
Finally, many of us have performed poorly in depositions and/or trials. I used to work for a prominent defense firm in my area and would receive e-mails daily from other law firms asking for information about local doctors. If you have not performed well during a deposition or at a trial, the defense will know.
These statements are all true. I have seen it with my own eyes. If you do not believe me, send me an e-mail and I would be more than happy to forward you proof. It does not have to be this way. Chiropractic is one of the most effective treatments for soft tissue injuries, and chiropractors are the most effective case managers for these patients. With a concerted effort from every practitioner, the misconceptions can be changed.
How would you like an insurance company to accept and pay your bills without fighting them for years?
How would you like to perform so well in a deposition that the defense attorney's only option is to settle the case for your patient?
How would you like to go into court and testify for your patient, who received a final offer from the insurance company for $7,000, and get a jury verdict of $185,000?
I know these things can happen; they have happened to me. Personal injury is a game, and I will provide you with the information and rules to play it well.
In the coming months, I will discuss numerous topics in which law and chiropractic intersect, the first of which will be the management of a personal injury patient. I am starting here because this area of practice can be both fulfilling and rewarding.