Back Clinic Personal Injury Chiropractic Team. Injuries from an accident can not only cause physical harm to you or a loved one, being involved in a personal injury case can often be a complicated and stressful situation to handle. These types of circumstances are unfortunately fairly common and when the individual is faced with pain and discomfort as a result of trauma from an accident or an underlying condition that has been aggravated by the injury, finding the right treatment for their specific issue can be another challenge on its own.
Dr. Alex Jimenez’s compilation of personal injury articles highlights a variety of personal injury cases, including automobile accidents resulting in whiplash, while also summarizing various effective treatments, such as chiropractic care. For more information, please feel free to contact us at (915) 850-0900 or text to call Dr. Jimenez personally at (915) 540-8444.
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.
Does Neck Curvature Protect You In a Car Accident?
Does the curvature of your cervical spine play a determinant in the severity of injury sustained in a motor vehicle accident?
We asked Chiropractic Biophysics, Dr. Deed Harrison to comment on this subject matter.
Unfortunately, many people can relate to having been involved in a car crash or motor vehicle collision (MVC) at some point in their lives. Whether it was a major accident or a minor one, MVC�s are no fun and can cause a variety of minor to serious injuries to those persons in the vehicles. These injuries are commonly and collectively referred to as �Whiplash Injuries�. The financial implications of a MVC, as well as interruption of your daily routine due to whiplash are also other major detriments of car crashes that may take years to recover from.
With more distracted drivers texting and speaking on their phones, MVC�s are on the rise, making for much more dangerous roadways. While we cannot control other people�s behaviors, we can certainly drive more cautiously and defensively to hopefully avoid being in a car accident. Unfortunately, MVC�s do happen despite our best efforts, so being prepared and having a plan in mind is key to recovering quickly and getting back on our feet again.
More serious car accidents mean more serious injuries, ranging from cuts and bruise to broken bones, brain damage, and even death. At first, less serious MVC�s however, may not seem like a big deal, with victims often walking away without a scratch, believing they have escaped the crash unscathed. Others may only complain of a slight headache, neck pain, stiff or kinked neck while resorting to taking over the counter pain killers, or wearing a neck brace to assist with their recovery � something that is far from addressing the true cause of the injury.
What most lay people (and even many physicians) don�t realize is the extent to which the CERVICAL LORDOIS (curvature in your neck from the side) plays a role in both: 1) the extent of the initial injury to the occupant(s) and 2) the long term pain and suffering from whiplash injury to the occupants. Furthermore, the MVC itself will damage the cervical lordosis.
1. Concerning the extent of initial injury, researchers have found that having a well preserved cervical lordosis actually prevents neck tissue damage to the sensitive cervical spine ligaments.1 In the figure at the top, the right hand image demonstrates what a normal cervical curve looks like when viewed from the side and the person facing to the right. In contrast, the same researchers identified that straightened cervical curves and worse yet, reversed (kyphotic) cervical curves predisposed to more severe cervical spine tissue injuries due to more extreme forces acting on the neck during the exact same MVC circumstances. The x-rays above at the far left and the middle show abnormal neck curves where more severe injury to the person is likely to result should they be involved in an MVC.
Thus, if you already have an abnormal cervical curvature prior to any MVC, it is in your best interest to rehabilitate the shape and amount of your cervical lordosis. If you do not, you�re at a higher risk of having more serious injuries should you be involved in a MVC.
2. In terms of long term pain and suffering, several research studies have identified that the patients who experience long term whiplash injuries and suffering are in fact the ones that have abnormal cervical lordosis. Straightened, S-curves, and Reversed cervical curvatures have been found to pre-dispose to the following conditions after MVC.
� Neck pain and stiffness,
� Headaches,
� Arm pain,
� Thoracic outlet symptoms,
� Dizziness,
� Lack of concentration,
� Degenerative arthritis in the cervical spine,
� Disc herinations.
What many whiplash injured subjects don�t realize is that a slight headache or neck pain is a true sign of a much more serious injury to your cervical lordosis and underlying neck tissues. Spinal misalignments as a result of the sudden jolt of the MVC may manifest immediately, or not become evident at all for a long period of time. But this doesn�t mean the spine is healthy or that no injury was sustained.
The fact is that MVC�s statistically damage the shape of your cervical lordosis. Researchers from Chiropractic BioPhysics have identified that the average patient exposed to a MVC will lose 10 degrees of their cervical lordosis, develop a mid cervical kyphosis, and have increased forward head posture as a result of the MVC.
A misaligned cervical curvature as a result of a MVC is a serious health condition. Altered cervical curves will cause nerve interference � hindrance of critical nerve energy that is responsible for every function of our organs, and every movement of our limbs. Ignoring the cervical spinal misalignment can manifest into pain and discomfort, fatigue, sleep disorders, organ dysfunction, depression, and eventually disease.
If you have been in a minor or major car accident, please see a corrective care chiropractor immediately for a full assessment of the health of your spine, even if you don�t feel any discomfort whatsoever. A small misalignment can only get worse with time, so addressing this injury quickly can mean a faster recovery time and less health problems in the future.
Corrective methods using Chiropractic BioPhysics��or CBP� Technique extension traction procedures and devices are the only true evidence based methods that have been shown to statistically and clinically improve the amount of cervical lordosis without the use of surgery. This has been documented in several clinical trials and case reports.8-11 Other conservative methods may restore the cervical lordosis in selected cases, but these have never been proven in clinical trials and are thus, at best, hit and miss. If you are suffering from an altered cervical lordosis as a result of a MVC, use the procedures that are truly scientifically supported.
Chiropractic Treatments for Whiplash
Whiplash Video
Because each individual case of whiplash is different, it is not possible to generalize about the chiropractic whiplash treatment.
The appropriate chiropractic treatment is unique to each whiplash injury and is directed at the primary dysfunctions detected during the chiropractic exam.
However, chiropractors commonly employ different chiropractic treatments for whiplash, often including:
Manipulation
Muscle relaxation and/or stimulation
Various exercises
Ergonomic and lifestyle changes.
This article explains when, why and how chiropractors may employ these whiplash treatments for neck pain, shoulder pain, back pain and other related symptoms.
Chiropractic Manipulation for Whiplash
The primary whiplash treatment for joint dysfunction, spinal manipulation involves the chiropractor gently moving the involved joint into the direction in which it is restricted.
Also known as a chiropractic adjustment, spinal manipulation may involve the application of a short thrust in that direction. In many cases, instead of a thrust, a slow mobilizing movement is used by the chiropractor.
The chiropractor’s primary whiplash treatment for related muscle dysfunction, muscle relaxation and/or stimulation consist of gentle stretches to the muscle that has excessive tension or repeated contractions of the muscle that is inhibited.
If the muscle is very tight, a more vigorous stretch may be applied by the chiropractor. Gentle finger pressure techniques may be applied to trigger points to relieve the pain associated with the tight muscles.
McKenzie Exercises and Stabilization/Sensorimotor Activities
View Chiropractic Videos
Chiropractors may employ different types of exercises, including McKenzie exercisesand/or stabilization and sensorimotor exercises, to help treat patients with whiplash injuries.
McKenzie exercises are specifically designed to reduce disc derangement related to a whiplash injury. They consist of simple movements that are initially done in the office but make for an easy transition to self-care at home. McKenzie exercises also help the patient take an active role in his or her own recovery
Stabilization and sensorimotor exercise approaches are designed to correct faulty movement patterns in routine activities and everyday life. Such whiplash treatment trains the nervous system to better coordinate and control movement patterns, and improves the ability of the neck muscles to maintain stability of the neck.
These exercises are designed to help in a major trauma, such as a fall or whiplash during a motor vehicle accident, or in “micro trauma” from simple things such as being jostled in a crowd, playing sports or performing occupational or home jobs that require physical effort.
Chiropractic Advice on Ergonomic and Lifestyle Changes
These whiplash treatment suggestions stress improvements for performing everyday activities with minimal strain to the body. The chiropractic advice addresses factors in an individual�s work, home or recreational activities that perpetuate the dysfunctions that result from the whiplash accident.
Additionally, spine care professionals at the chiropractic clinic may teach the patient better “use of self” and, if necessary, stress reduction methods to help chiropractic problems.
Whiplash Treatment in Chiropractic Care
Chiropractic On Cervical Spine Video
The whiplash treatment plan developed by the chiropractor for each specific problem may include one or more of these approaches and may involve others as well.
See Chiropractic Manipulation for the Cervical Spine
In addition to his or her whiplash treatment plan, the doctor of chiropractic might give a referral to another health professional, such as a medical specialist, if it is deemed appropriate.
�WHIPLASH, A SOFT TISSUE INJURY TO THE NECK, is also called neck sprain or neck strain. It is characterized by a collection of symptoms that occur following damage to the neck, usually because of sudden extension and flexion,� according to the National Institutes of Health.1
Approximately two-thirds of people involved in motor vehicle accidents develop symptoms of whiplash. The symptoms usually do not develop until two to 48 hours after the injury. Whiplash can also occur from falls, sports injuries, work injuries and other incidents.
Patients with whiplash injury may complain of pain and stiffness in the neck, extending into the shoulders and arms, upper back and even the upper chest. Two-thirds of patients suffer with headaches, especially at the base of the skull. Patients may also experience dizziness, difficulty swallowing, nausea and even blurred vision after injury, but these symptoms tend to resolve quickly.
According to Marshall, 45 percent to 85 percent of people who suffer a whiplash injury have the symptoms five years after the accident, and 82 percent had a straightening or reversal of their cervical curvature.2 “Many authors regard a straightening or reversal of the normally lordotic curvature to be one of the most significant changes of a whiplash injury.� 3
�The initial injury is due to damage of cervical muscles, ligaments, disks, blood vessels and nerves. The actual injury to soft tissues happens so rapidly that normal protective muscle reflexes cannot respond in time to decrease or prevent the injury,� according to a 2006 case report in the Journal of the American Chiropractic Association.3
The Diagnosis
To diagnose whiplash, a DC must first take a thorough history of the injury and the patient�s previous medical history. Pre-existing conditions, such as arthritis, may increase the severity of the whiplash. The DC should give the patient an in-depth physical examination with concentration on the neuromusculoskeletal system.
Similar to asking about whiplash injuries from motor vehicle accidents, DCs should ask the patient questions that reveal the details of a sports-related incident. DCs must ask patients with vehicular accident injuries, �Where was the impact from? Were you moving at the time? Did you have a seatbelt on? What type of seatbelt? Were you braced for impact? Did you hit anything in the vehicle?� says Dr. Alan Sokoloff, team chiropractor for the Baltimore Ravens. �You have to do the same for sport-related neck injuries, too,� he says.
Dr. Sokoloff explains that he �encounters doctors that say, �I do not treat sports injuries,� but if you are treating injuries from auto accidents and really dig into the mechanism of the injury with all of its details, it�s pretty much the same.�
Advanced Imaging
In some cases, advanced imaging may be necessary to make a proper diagnosis. A cervical CT scan is ordered if a DC suspects cervical spine trauma, such as a vertebral fracture, if the patient complains of paresthesia of the hands, if the patient is unconscious or has severe pain together with neurological deficits, explains Jerrold Simon, DC, president of the ACA Rehab Council.
�A cervical MRI is ordered when the whiplash patient complains of neck pain with radicular symptoms, such as a tingling sensation radiating down the arms or if there is suspected cervical spine trauma and the clinical findings suggest ligamentous damage. A cervical MRI may be ordered as a follow-up to normal cervical CT scan if the above symptoms are present,� says Dr. Simon.
Treatment
In treating whiplash injury, patients should be reminded to stay active, unless immobilization is necessary due to serious injury. �A cervical foam collar may be needed during the first few days following the incident if the cervical trauma is severe. However, in general, cervical collars are not recommended,� says Dr. Simon.
Immediately after the whiplash injury, Dr. Simon applies an ice compress to the posterior para-cervical spine musculature for about 10 minutes on a periodic basis. Ice compresses are generally only used for the first 48 hours after an injury.4
�A nutritional intervention for pain should include d-Phenylalanine 250 mg/day, dl-Phenylalanine 750 mg/day, L-tryptophan 3 g/day, and instruct the patient to to avoid coffee and other caffeinated beverages,� he says.
In addition, chiropractic care is beneficial. A retroactive study by Woodward et al. published in Injurydemonstrated that chiropractic treatment benefited 26 of 28 patients suffering from chronic whiplash syndrome.5 Chiropractic care in this study included spinal manipulation, proprioceptive neuromuscular facilitation stretching and cryotherapy [ice-pack therapy].
A neck adjustment works to improve the mobility of the spine to increase range of motion, while also enhancing movement of the adjoining muscles. This will eventually eliminate pain, soreness and stiffness and allow a patient to painlessly turn and tilt the head. In addition to adjustments, a treatment plan of mobilization, massage or rehabilitative exercises may speed up the recovery process.
�Cervical rehabilitation procedures should be considered after the initial pain and inflammation have substantially subsided,� says Dr. Simon. �Then a functional capacity evaluation with focal attention to the cervical spine should be performed to assess the magnitude and degree of upper spinal functional deficiency.�
Following this test, a DC can decide if the patient should receive a treatment of isometric cervical flexion, extension and lateral flexion against resistance exercises, a proprioceptive rocker board, wobble board and/or gym ball exercises and vibration therapy.
�Every person is different, and everyone�s ability to heal is different, so how we treat patients is very individualized,� says Dr. Sokoloff. �We will use modalities initially, if indicated. We will use soft-tissue techniques, if indicated. We will usually use a chiropractic adjustment, if indicated. But the one procedure we always use is progressive rehabilitative exercises, in office and home recommendations.�
Home recommendations include proper computer and phone ergonomics, range-of-motion exercises and icing, to name a few.
�Treatment plans that do not hold the patient responsible for helping themselves cheat everyone,� says Dr. Sokoloff. �The more a patient is informed about home icing instructions, home exercise and activity of daily living modifications, the better the outcomes are for everyone.�
What many whiplash injured subjects don�t realize is that a slight headache or neck pain is a true sign of a much more serious injury to your cervical lordosis and underlying neck tissues.�Because each individual case of whiplash is different, it is not possible to generalize about the chiropractic whiplash treatment.�For Answers to any questions you may have please call Dr. Jimenez at�915-850-0900
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.
Just as the way some iconic advertising campaigns might create among us a unique cultural bond, TV watchers and internet surfers today share a common experience. We�re all aware of � and annoyed by � personal injury lawyer advertisements, �If you�ve ever been injured, call now for a free consultation��
Personal injury lawyer advertising is a huge presence on our TV screens and computer searches. It�s also the most visible element of the vicious cycle of lawsuit abuse in this country. Where does the money come from for these ads? Personal injury lawyers get rich filing lawsuits that are often weak on facts or fueled by imbalanced laws. The bounty they reap from these lawsuits goes into the huge volume of injury ads that we see constantly, so they can recruit more plaintiffs for more questionable lawsuits.
About $900 million was spent last year on personal injury ads on TV alone, according to a U.S. Chamber Institute for Legal Reform report. Online, more than 90 percent of the top 25 most expensive Google search terms are related to litigation, according to the report, and the high prices are bid up by high advertiser demand.
Why advertise 24/7 for lawsuit plaintiffs? To create �class members� for personal injury lawyers to bring mass tort lawsuits. What happens to the millions of plaintiffs signed up by the ads and web links? They are bought and sold by the lawsuit generators as if they were cattle or corn futures. Who regulates these ads to make sure they are truthful and ethical? As you might have guessed from looking at the ads, they are barely regulated at all � but they should be!
This aggressive plaintiff recruitment comprises just part of the cycle of lawsuit abuse � lawsuit friendly laws make personal injury lawyers rich as they file more and more lawsuits, and lawsuit riches buys nearly a billion in TV ads to gin up more plaintiffs and wealth-producing lawsuits. The rest of the cycle of lawsuit abuse is the personal injury lawyers putting their money into political campaigns and supporting pro-lawsuit politicians who help to preserve the imbalanced laws � and try to create new ones. Seem a little complicated? It�s not, and we�ve laid it out with a few graphics here.
So the next time you see a personal injury ad that is giving you advice about what to do, remember these three things:
You shouldn�t believe everything you see in the largely unregulated world of personal injury lawyer advertising.
Personal injury lawyer advertising can mislead and scare consumers on important issues, such as their health care.
Personal injury lawsuits are often about making those lawyers rich, not making victims whole.
ANYTHING GOES WITH PERSONAL INJURY ADS
While our country has regulatory agencies whose mission it is to ensure that advertisements are accurate and straightforward for American consumers, one group evades advertising regulation: personal injury lawyers. This group is flooding the airwaves and internet with ads making unsubstantiated or hyperbolic claims to lure potential plaintiffs into lawsuits that make these personal injury lawyers millions.
We�re all familiar with the ominous ads that warn about health dangers or a long list of side effects and promising cash compensation to patients. Yet these sensationalized lawsuit ads do not disclose the low probability of experiencing an adverse health effect. That�s because lawsuit ads are not subject to the same level of oversight for accuracy and disclosure as advertising for other industries.
The disparity is clear when you look at how strictly other ads discussing health treatments are regulated. The Federal Trade Commission (FTC) regulates all consumer product ads that where company�s product can affect consumers� health, insisting that these ads must:
be truthful and non-deceptive
have evidence to back up claims
not be unfair, and
include only accurate testimonials that disclose any information that might influence buyers
None of these requirements exist for lawsuit ads, which largely can say whatever they want about the effects of health treatments or products. Without regulation, personal injury lawyers can dramatize product risks while acknowledging none of the benefits.
Additionally, the Federal Drug Administration (FDA) requires that product claim ads must present the benefits and risks of a prescription drug in a balanced fashion. Companies are required to list the most significant risks of the drug. Similar to the FTC, the FDA requires that these ads must not be false or misleading in any way.
These restrictions do not apply to lawsuit ads, which are often intentionally misleading. There is a rigorous testing and claim substantiation that drugs must go through for all marketable claims, but no such process exists for lawsuit ads. Thus, we see ads with unsubstantiated claims from studies personal injury lawyers may have commissioned or from doctors who are on their payroll. That simply doesn�t seem balanced.
Even cosmetic ads are regulated more strictly than lawsuit ads. Cosmetic ads are subject to the same advertising regulations that the FTC uses for other industries (i.e., fair, backed by evidence, non-deceptive, etc.) These regulations exist for a reason, and personal injury lawyer ads should be held to the same standards as demanded of other advertisers.
There is harm in allowing lawsuit ads to continue to make misleading claims � it can be can be dangerous for consumers, who are repeatedly hearing these wild, unregulated proclamations. American consumers are inundated with personal injury lawyer advertisements � we can�t escape them. In fact, nationwide, personal injury lawyers spend up to $75 million each month on this advertising.
As a result of this onslaught of panic-inducing ads, patients are increasingly discontinuing health care treatments that their physician believes would provide them with significant benefits and pose little risk. Americans are listening to unregulated ads instead of their doctors, which has doctors concerned. That�s why the American Medical Association, an organization representing more than 200,000 physicians and medical students, recommended that lawsuit advertisements come with a warning that patients should first consult with a physician before discontinuing medications.
These advertising tactics are intended to generate lawsuits and enrich personal injury lawyers. Consumers deserve, and should demand, greater responsibility and disclosure in lawsuit advertising. For now, consumers must recognize that these ads are not always accurate, and personal injury lawyers have a vested interested in scaring audiences into lawsuits. Don�t fall for it, and don�t get trapped in their web.
How Big Data Is Big Bucks For Personal Injury Lawyers
Texans Against Lawsuit Abuse shared our take on big data and the increase in certain lawsuits in a recent letter to the editor in the Dallas Morning News. It also serves as a good reminder: �Don�t Let a Lawyer Be Your Doctor.�
Texas trial lawyers have a history of searching for ways to make millions of dollars at the expense of our health care system, ultimately reducing access to health care, driving up the cost of consumer goods and limiting job creation.
The recent story, �Health insurers fear Texas trial lawyers are seeking billions, but attorneys say that�s hype� (March 30), shows how the combination of big data and health care can create a gold mine for personal injury lawyers.
So, when sick or injured consumers get a call from a lawyer, not a doctor, Texans Against Lawsuit Abuse is urging caution through a new Sick of Lawsuits (www.sickoflawsuits.org) campaign. The public needs to be aware of the millions spent on misleading television and online advertising.
�Don�t let a lawyer be your doctor,� is sage advice and something TALA is working to ensure that Texans hear and act on. What lawsuit ads don�t say can be harmful. When it comes to lawsuits involving a person�s health, consumers should examine the source carefully.
Jennifer Harris, Austin, Texans Against Lawsuit Abuse (as published by the Dallas Morning News)
Personal injury lawyer advertising is a huge presence on our TV screens and computer searches. It�s also the most visible element of the vicious cycle of lawsuit abuse in this country. Where does the money come from for these ads? Personal injury lawyers get rich filing lawsuits that are often weak on facts or fueled by imbalanced laws.�For Answers to any questions you may have please call Dr. Jimenez at�915-850-0900
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.
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