Back Clinic Med-Legal Corner. Medical law is a branch of law that concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law. The main branches of medical law are the law of torts (most notably medical malpractice) and criminal law in relation to medical practice and treatment. Ethics and medical practice are a growing field.
After working in chiropractic for 30+ years, especially in personal and work injuries. In the Med-legal corner, Dr. Jimenez knows the ins and out’s of what goes into personal and work injury claims. Receiving chiropractic care from a personal injury doctor after suffering an injury can be a lifesaver. As a personal injury chiropractor has attended post-graduate training in accident injury evaluation and treatment which can guarantee a more effective diagnosis and care.
An added bonus is that the chiropractor can do depositions and testify in court. A personal injury doctor works closely with multiple attorneys. The best chiropractors maintain a list of attorneys they know can deliver quality results to their patients in a car accident and personal injury cases. A doctor that has connections with more than one attorney offers a wide variety of experienced personal injury claim professionals to choose from, who can better accommodate you to solve your specific case after an accident. For answers to any questions you may have please call Dr. Jimenez at 915-850-0900
Injured workers in Texas have better access to physicians who can treat them more quickly than they did 15 years ago, according to a September 2016 study by the Texas Department of Insurance�s Research and Evaluation Group (REG). The study found 84 percent of injured workers received initial care in seven days or less in 2015, compared to 76 percent in 2000.
�That�s significant because improved timeliness means workers have a much better chance of getting back to work, and the cost for their care will be much lower,� said Workers� Compensation Commissioner Ryan Brannan.
Effective Workers’ Compensation System
The study measures the effectiveness of the workers� compensation system to deliver timely and appropriate medical care to injured employees. It found that injured workers who aren�t treated within seven days have an average of about 40 percent more in medical costs over the first six months of an injury. In 2015, about half of injured workers saw a physician in one day or less. The average wait was 4.5 days.
�In terms of timeliness, when REG�s results are compared to the NCCI study of 35 states, Texas appears to be among the faster states.� Brannan said. �We have ongoing recruiting efforts to increase physician participation, and any issues with physician access are primarily due to a low number of physicians practicing in specific areas, not a low rate of physicians treating workers� compensation patients in Texas.�
The number of physicians in Texas who treated injured workers increased 6 percent from 2000 to 2015. During that same period, there was an 11 percent drop in the number of workers� compensation claims filed.
The decrease in claims also means injured workers in most of the state have options when searching for a physician.
In 2000, each physician who participated in workers� compensation treated an average of 21 patients. By 2015, that figure had dropped to 15, a decrease of 26 percent.
For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .
Additional Topics: Preventing Work Disability with Chiropractic
After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.
After a successful pilot project, the Texas Division of Workers� Compensation rolled out a statewide program in October 2016 that has helped speed up the resolution of some disputes.
The program splits up related claim issues so that a hearing officer can decide the most far-reaching issue first. This can clear the way for secondary issues to be resolved sooner. In the pilot program, the approach helped speed resolution of many workers� compensation disputes.
�We�re always looking for ways to stay on the cutting edge of workers� compensation, and this process is a great example of finding a way to improve efficiency in the system,� said Workers� Compensation Commissioner Ryan Brannan. �From what we�ve seen in the pilot project and in the statewide roll-out, the two-step approach to deciding some of the most complex issues in a dispute is a good option for system participants in many cases.�
Two-Step Program Introduced for Workers’ Comp
When an injured employee has a dispute about a claim, it often involves three issues: extent of the injury, the date that the employee reached maximum medical improvement and the impairment rating for the injury.
According to Deputy Commissioner for Hearings Kerry Sullivan, even though extent of injury is a �threshold issue� that can affect the other issues, it�s often addressed at the same time as the other issues in the dispute process.
�It can be challenging to come into a hearing and know there are so many alternatives for the hearing officer to address,� Sullivan said.
Parties in a dispute may base their arguments about impairment ratings and dates of maximum medical improvement on what they think the extent of injury should be. If the hearing officer decides a different extent of injury, then parties will often have to request more time to adjust those recommendations.
The new two-step program is voluntary, and the existing system is still used in many cases. The option to participate is presented by the presiding officer at the initial benefit review conference for cases that may benefit from the approach. The two-step approach is used only if both parties agree to it.
�The presiding officer usually knows going into the dispute whether a decision on extent of injury will move things along,� Sullivan said. �Deciding the extent of injury issue first can lead to a better outcome, a more efficient hearing, and more agreements. We�re pleased it�s been working out so well.�
The two-step program started at DWC�s Weslaco office in May 2015 and soon was expanded to Dallas. It�s now available at all 20 offices statewide.
For more information, call (512) 804-4010.�
Further information on the subject matter, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .
Additional Topics: Preventing Work Disability with Chiropractic
After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.
The Texas Division of Workers� Compensation is taking a promising pilot program statewide to help simplify and speed resolution of some disputes.
A pilot started last year splits up related claim issues so that a hearing officer can decide the most far-reaching issue first. This can clear the way for secondary issues to be resolved sooner. So far, about half of the disputes accepted for the program have had a hearing, and a third of those have resulted in full agreement to resolve the dispute.
Workers� Compensation Commissioner Ryan Brannan said he is encouraged by the outcomes.
�The division has a number of tools in its toolkit to manage claims disputes,� Brannan said. �The two-step approach to deciding some of the most complex issues in a dispute can be a good option for system participants in certain cases.�
Solving Common Disputes for Workers
When an injured employee has a dispute about a claim, it often involves three issues: extent of the injury, the date that the employee reached maximum medical improvement, and the impairment rating for the injury. Deputy Commissioner for Hearings Kerry Sullivan said even though extent of injury is a �threshold issue� that can affect the other issues, it was addressed at the same time as the other issues in the dispute process.
�It can be very challenging to come into a hearing and know there are so many alternatives for the hearing officer to address,� he said.
Parties in a dispute may base their recommendations for impairment ratings and dates of maximum medical improvement on what they think the extent of injury should be. If the hearing officer decides a different extent of injury, parties often request more time to adjust those recommendations.
The program is voluntary. The option to participate is presented by the presiding officer at the initial benefit review conference for cases that may benefit from the approach. The two-step approach is used only if both parties agree to it.
�The presiding officer usually knows going into the dispute whether a decision on extent of injury will move things along,� Sullivan said. �Deciding the extent of injury issue first can lead to a better outcome, a more efficient hearing, and more agreements.�
Dallas-Fort Worth area attorney Daniel Morris, of the Morris Law Firm, said several of his clients who are injured employees have opted to have their disputes handled under the two-step approach. He said there is a benefit to examining issues separately.
�When you�ve got four or five different combinations of possibilities for the extent of a worker�s injuries, it allows everybody to weigh their options before getting to the other issues,� Morris said.
Jeremy Lunn, who represents insurance carriers for the Silvera Law Firm in Dallas, said he agreed that some proceedings are slowed as attorneys try to guess what a hearing officer will decide on the extent of injury issue.
�This is a good thing that the division is trying to deal with delays in certain cases,� Lunn said. �DWC management really has been reaching out to attorneys and asking us to help it work.�
The two-step program started at the division�s Weslaco office in May 2015 and soon was expanded to Dallas. It�s now available at all 20 offices statewide.�
For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .
Additional Topics: Preventing Work Disability with Chiropractic
After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.
Texas employers are invited to join the Division of Workers� Compensation in Austin for the Texas Safety Summit on May 9-11. The 21st annual workplace safety and health conference offers important information for everyone who plays a role in safeguarding employees, from the beginner to the seasoned safety professional.
Employers will hear from top safety experts about some of the most critical safety and health issues facing Texas businesses. Attendees will learn practical tools and techniques to use in their workplaces to better protect their employees.
�The Safety Summit is a proactive way for us to help Texas businesses,� says Commissioner of Workers� Compensation, Ryan Brannan. �Not only does it help foster a positive safety culture for your company and its employees, it ultimately helps reduce costs associated with on-the-job injuries and illnesses.�
What to Expect
Presentations from experts at the National Safety Council, the Occupational Safety and Health Administration (OSHA), and many more.
Interactive exhibits on transportation safety.
Great networking opportunities with safety professionals from across the state.
Early-bird registration is $375 through April 17, 2017. The cost is $400 after that date.
For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .
Additional Topics: Preventing Work Disability with Chiropractic
After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.
A current study conducted by the U.S. Chamber of Commerce’s Institute for Legal Reform, or ILR, determined that several of the most expensive ads under popular search terms on Google, including phrases such as “Top personal injury lawyers” and “El Paso accident lawyer”, costed personal injury lawyers approximately $700 every time a possible client clicked on it.
While these elevated costs have demonstrated a definite growing advertising trend among attorneys, these statistics have developed a tremendous concern among Texans who value the integrity of their civil justice system. As a matter of fact, the increased amount of personal injury lawyer advertising shows how misleading ads have become, putting greed ahead of justice. Furthermore, this method of advertising can burden courts with questionable lawsuits, leading to more delays and denials of justice for those with legitimate legal claims.
According to the Institute for Legal Reform’s research study, personal injury attorneys in the United States were estimated to spend a total of $892 million in television advertising in 2015, a growth from $531 million in 2008. The large sums being invested on these expensive ads were utilized in the study to show the way many personal injury lawyers are predominantly more interested in lining their pockets rather than being interested on the client’s safety and overall health and wellness.
The current study conducted by the U.S. Chamber of Commerce placed various cities in Texas among the top national rankings of personal injury attorney advertising. The 68 percent increase in personal injury lawyer ads on television during the previous An evident increase of approximately 68 percent in personal injury lawyer television ads over the previous eight years was most notable in Houston, Texas, ranking among the top 10 United States television markets for trial lawyer advertising in 2015.
Because more Texans have started depending on the internet and television for a majority of their health information, it’s fundamental for individuals to be able to distinguish between all the helpful resources and misleading lawsuit advertising. In addition, many personal injury attorney advertisements have started attempting to influence consumer’s decisions, guiding them away from seeking medical attention from qualified doctors, chiropractors and medical specialist as well as misleading them to questionable lawsuits.
People have to begin to understand the purpose of personal injury attorney advertising. Many personal injury lawyers are acting on their own self-interest, one that is often not in the best interest of clients and patients. Texans must learn to protect themselves against those recruiters who’s main purpose is to enlarge their own bank accounts rather than helping victims who need it. Clients with questions regarding the medical care and treatment they deserve for their settlement should ask their doctor, chiropractor or medical specialist, not a personal injury lawyer. Subsequently, people should be aware of misleading advertisements attempting to guide them away from a healthcare professional.
Misleading personal injury advertising can put people�s overall health and wellness at risk. Fortunately, there are ways to avoid the consequences of this often selfish practice: don�t allow a lawyer be your doctor, chiropractor or medical specialist.
Its common for personal injury lawyers to advertise on the internet and television today. However, recent studies have started to demonstrate that from the vast majority of ads, an increased percentage of them be misleading, steering people away from medical care and treatment after being involved in a personal injury case.
Neck pain is characterized as the most prevalent symptom after being involved in an automobile accident. During an auto collision, the body is exposed to a sheer amount of force due to the high speed impact, causing the head and neck to jolt abruptly back-and-forth as the rest of the body remains in place. This often results in the damage or injury of the cervical spine and its surrounding tissues, leading to neck pain and other common symptoms associated with whiplash-related disorders.
Scroll through the list of the most expensive Google search terms and you�ll find phrases like �Top personal injury lawyers� and �El Paso accident lawyer.� A recent study conducted by the U.S. Chamber of Commerce�s Institute for Legal Reform, or ILR, found that some of these ads cost personal injury lawyers nearly $700 every time someone clicks on it.
This large cost is indicative of a growing trend that should trouble any Texan who values the integrity of our civil justice system. The increasing volume of misleading personal injury lawyer advertising is putting greed ahead of justice. Furthermore, this devious practice can clog courts with questionable lawsuits, delaying or denying justice for those with legitimate legal claims.
According to the ILR study, personal injury lawyers in the U.S. were projected to spend a total of $892 million in television advertising in 2015, up from $531 million in 2008. The vast sums invested in these largely unregulated ads prove that lining the pockets of personal injury lawyers is paramount to consumer safety and well-being.
The recent U.S. chamber study placed several Texas cities atop the national rankings of personal injury lawyer advertising. The 68 percent growth in personal injury lawyer advertising on television during the past eight years has been most evident in Houston, ranked among the top 10 U.S. television markets for trial lawyer advertising in 2015.�
As more Texans rely on the Internet and television for health information, it�s important to distinguish between helpful resources and misleading lawsuit advertising. Many ads attempt to shape consumers� decisions, steering them away from doctors and toward questionable lawsuits.
Consumers need to understand the motives behind personal injury lawyer advertising. Personal injury lawyers are acting in their own self-interest, which is often not in the best interest of patients. Texans should guard against personal injury lawyers and recruiters who make contact to enlarge their own bank accounts. It�s nothing more than �ambulance chasing.�
Consumers with questions about their medical care and health should ask their doctor, not a personal injury lawyer. Additionally, patients should be wary of any attempt by a personal injury lawyer to steer them to a specific doctor.
Misleading personal injury advertising can put people�s health at risk. However, there is a way to avoid the consequences of this greedy practice.
It appears that the idea that lawyers can influence a client’s decision on the choice of their doctor has created various topics of interest, as the contributors of TALA have become more vocal on this trend. Patients should be aware that these situations exist and have also been known to occur in El Paso, Texas.
For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .
Additional Topics: Neck Pain and Auto Injury
Neck pain is characterized as the most prevalent symptom after being involved in an automobile accident. During an auto collision, the body is exposed to a sheer amount of force due to the high speed impact, causing the head and neck to jolt abruptly back-and-forth as the rest of the body remains in place. This often results in the damage or injury of the cervical spine and its surrounding tissues, leading to neck pain and other common symptoms associated with whiplash-related disorders.
Automobile accidents are the most common cause of whiplash. Any type of accelerated motion that thrusts the head forward and then backwards with extreme force can lead to whiplash. Sports accidents can also cause whiplash-associated injuries. An unpredicted head jolt can damage the complex structures of the cervical spine, leaving tendons and ligaments intensely irritated and inflamed. The tendons and ligaments as well as other tissues of the neck may become overly stretched and torn.
A whiplash type injury may be suspected if the individual involved in an�automobile accident experiences�the following symptoms: neck pain and stiffness; worsening pain with movement; loss of range of motion in the neck; headaches, most often starting at the base of the skull; tenderness or pain in the shoulder, upper back or arms; tingling or numbness in the arms, fatigue and dizziness. Other individual�s may experience: blurred vision; ringing in the ears; sleep disturbances; irritability; difficulty concentrating; memory problems; and even depression. While these are some of the most common symptoms of whiplash, they may also suggest the presence of another type of injury or condition resulting from the automobile accident.
Thus, it�s essential to visit a qualified healthcare professional who can properly identify a whiplash injury and offer the required treatment to eliminate the resulting pain and symptoms.
Apart from assessing the doctor�s experience and qualifications, the victim of an automobile accident must primarily consider their geographical location and the type of insurance they are covered by when deciding on the type of doctor to visit following a whiplash type injury. Other factors that should influence the affected individual�s decision include whether they are represented by an attorney and whether they are living in a state where PIP, or personal injury protection, is mandatory.
Whiplash Injury Practitioners
People who�ve sustained injuries from auto accidents fail to receive the kind of medical care they require. It has been previously determined that the outcome of the patient�s rehabilitation depends on the type of doctor they receive care from.
Many individuals who�ve been involved in an automobile accident, regardless of the severity of the collision, will generally visit the emergency room, or ER, to have their injuries evaluated. The majority of ERs are designed to take patients out of life threatening situations. First, they immediately assess any visible injuries, such as open wounds and broken bones, treating them effectively on the spot. They may even prescribe medications to temporarily relieve the painful symptoms following a�traffic collision. However, many victims are not treated for their whiplash injuries. The trained specialists from the ER, provide first-aid, X-rays and medications to remove individuals from life-threatening situations but they don�t readily treat soft-tissue injuries like whiplash. From there, patients are sent to see their primary care physician, or PCP, to assess the rest of their injuries, yet, they may still face hardships to finally receive the proper care they deserve for their injuries.
Primary Care Injury Specialists and Whiplash
Many primary care physicians do not have the full qualifications in treating automobile accident injuries. Many of these doctors may even deny patients treatment. Whiplash associated disorders have been misunderstood in the medical field and many doctors believe whiplash is not a legitimate injury. However, those whom are suffering from whiplash can account for how painful it really is.
Other doctors refuse treatment to whiplash patients because they may not accept any kind of 3rd�party billing, a paying method where the doctor seeing the car accident victim has to bill the party at fault�s insurance company or utilize PIP or med pay to receive compensation.�This is a commonly well-known reason for denial of treatment as a large number of primary care physicians, or PCPs, still don�t have the required authorizations to accept 3rd�party billing.
Besides primary care physicians, medical doctors, orthopedics, chiropractors and physical therapists are several types of qualified healthcare professionals that specialize on treating automobile accident injuries such as whiplash. Among these, chiropractic treatment is the most popular, alternative treatment option for treating various soft tissue injuries or conditions.
Chiropractic Treatment for Car Wrecks
Many people from the legal and medical industry dismiss seeking a chiropractor for auto accident injury treatment. However, the fact is that a chiropractors are some of the only doctors who offer therapeutic treatments to accident victims. Treatment offered by medical doctors might include the use of drugs, although in many cases, they may also recommend physical therapy. This automatically highlights the importance of chiropractic care for whiplash victims because chiropractic care and physical therapy are very similar forms of treatment.
Whenever an individual who�s been involved in an automobile accident visits a chiropractor and complains of pain in the neck, the medical specialist will carry out a series of tests to determine whether the patient has suffered whiplash. Instead of focusing solely on the specific injury, chiropractors are trained to inspect the affected individual�s entire spine. Aside from soft tissue injuries like whiplash, chiropractic doctors may also check for: disc trauma or injury, tightness or tenderness, restricted mobility, muscle spasms, joint injuries, ligament injuries, posture and spinal alignment. They may also analyze the patient�s gait.
Besides checking for the above, chiropractors might also request X-rays and MRI of the patient�s spine in order to find out whether the spine features any degenerative changes which might have developed before the accident. To offer the best possible treatment, it is extremely important to determine which problems existed prior to the accident and which ones resulted from the accident. In most cases, insurance companies may argue that every single injury in the victim�s body is preexisting. This makes the role of the chiropractor considerably important as they will make sure to document all the previous and new injuries separately to ensure the insurance company pays for the patient�s treatment. In addition, the evaluation performed by the chiropractor also allows them to create the most effective treatment plan for each individual whiplash victim.
Main Stages of Care
The leading concern for chiropractors who treat whiplash-associated disorders involve alleviating inflammation in the neck. Chiropractors often recommend ice therapy, or the application of ice pack against the affected area, multiple times a day. This remedy is capable of reducing both pain and inflammation. Once the inflammation subsides, they often carry out a variety of manual therapeutic techniques to restore and increase the individual�s strength, flexibility and mobility.
The kind of chiropractic treatment the individual will require depends largely on the severity of the whiplash encountered. However, it has been previously determined that the majority of individual�s with whiplash find spinal manipulations useful. The most common chiropractic treatment techniques involve, spinal adjustments and manual manipulations, to carefully re-align the structures of the spine and help reduce symptoms. The following spinal techniques are also used to treat whiplash injuries: Instrument-assisted treatment, which involves the use of handheld instruments to provide a gentle massage by applying force onto the spine without utilizing any kind of thrust.
Instrument-assisted chiropractic therapy is used mostly to treat older patients with degenerative joints; flexion-distraction, this technique involves the use of a non-thrusting motions, best described as a slow pumping action; specific spinal manipulation, this therapy involves the use of a mild thrusting technique and is mostly used for restoring motion to the affected joints. Specific spinal manipulation helps stretch the soft tissues, which makes the job of restoring motion to the affected areas of the spine easier; instrument-assisted chiropractic therapy, also known as the Graston Technique, is used during this form of chiropractic therapy to perform repetitive strokes on the injured body part; therapeutic massage, performed to ease muscle tension and stress in the injured region; interferential electrical stimulation, where a patient undergoing this type of therapy will see the chiropractor passing electrical current at a very low frequency through their body. This low frequency current helps stimulate the muscles and reduces inflammation; trigger point therapies, as the name suggests, involves the application of direct pressure onto specific points to alleviating muscle tension; and finally ultrasound therapy, capable of decreasing stiffness, pain, and muscle spasms in the affected areas. When ultrasound is passed through the patient�s muscle tissues, it warms up the treated region and increases blood circulation.
Neck Trauma and Auto Injury
Chiropractic Treatments
Ultimately, chiropractors can help victims of whiplash in many ways. These health care providers can ensure that an individual� whiplash and its associated symptoms may subside completely. They always make sure to create a patient-specific treatment plan to make the process of recovery simpler for every individual.
Other than recommending immediate treatment for reducing the acute pain and inflammation, the chiropractor might additionally recommend a series of stretches and exercises, to help speed up the rehabilitation process as well as help increase the individual�s strength, flexibility and mobility.
Whiplash injuries, when left untreated, can cause severe complications. If you or a loved one have been involved in an automobile accident, visit a chiropractor immediately. By being prompt, you can even reduce your recovery time significantly. That�s not all; the chiropractor will also provide the required assistance to your lawyer, proving that the injury resulting from the accident wasn�t a preexisting injury or condition.
When you are injured in a car accident, you must get acquainted with your rights as soon as possible to receive the proper compensation and treatment for your specific situation. There is no such thing as a simple car crash.
Certain injuries or conditions which may have developed following an automobile accident may become chronic or permanent if left untreated. If an individual is experiencing neck stiffness or headaches after a traffic collision, it�s absolutely wrong to assume that this will subside in a few days. A minor discomfort could turn out to be a more serious complication.
Often, people injured in auto accidents develop scar tissue that remains with them throughout the rest of their lives and without the necessary treatments or exercises, these can become stiff and greatly limit an individual�s ability to move properly. The above issues generating from a car accident show how important it is for people to seek immediate legal and medical help. Chiropractors are known for their expertise in managing soft tissue injuries and the resulting chronic and traumatic pain; as a result, they are often considered to be the best healthcare professionals to consult�after a car accident.
Auto accidents can create enormous confusion and frustration. Most injuries associated with car accidents include trauma to the cervical spine. Dr. Jimenez discusses treatment options and procedures used in assisting patients reach optimal recovery. Choosing the right clinical team is always important. Many legal experts agree that a specialist focusing on soft tissue injuries is a search requiring great insight and assistance. Doctors of chiropractic and physical therapy along with surgical experts are best suited in assisting patients find the correct treatment options. If you have more questions please feel free to call 915-850-0900 in order to speak to Dr. Alex Jimenez.
IFM's Find A Practitioner tool is the largest referral network in Functional Medicine, created to help patients locate Functional Medicine practitioners anywhere in the world. IFM Certified Practitioners are listed first in the search results, given their extensive education in Functional Medicine
