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Good morning doctors,

There are times when I’m not surprised by an IME request. This one though has me extremely baffled. Have a patient who was in an auto accident in the beginning of October. He suffered a compression fracture of L2 to go along with a pretty nasty lumbar strain.

Patient has been seen 12 times since the accident. A re-evaluation took place approximately 8 weeks into treatment. The exam noted vast improvements, with an estimated MMI date and included our plans as we move forward in regards to treatment/rehab.

Our office manager called the adjuster to see if we could provide some answers that perhaps they were missing etc. and the adjuster was extremely unprofessional and rude. The state farm adjuster proceeded to tell her that it was their prerogative whether or not to send the patient to the IME and that they needed to find out if the treatment was necessary. She then proceeded to hang up on our office manager.

We haven’t received written notice of this IME yet. The patient is requesting a change in the adjuster and will piggy back our complaints to the State of Oregon about this adjuster.

Clinically there is NO justification for an IME. He’s only 12 visits in, and has begun re-strengthening portion of care. They contacted the patient about this after the 8th or 9th visit.

Just wanted to share a case with you that quite clearly depicts the complete ARBITRARY manner in which these exams are ordered. It’s absolute BS!

ph Medlin D.C.

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Joe:

Claims adjusters are under the gun to get claims closed, and

it sounds like this one is under a Howitzer. When this

occurs and another party is at fault, I advise the patient

to acquire a good P.I. attorney and assure them that they

can continue their treatment until they have reached maximum

improvement and be released from care. Of course, I try to

steer them to a reputable attorney we know will protect our

bill at settlement.

A well-respected orthopedic surgeon here in Salem, now

retired, once told me that it often takes 1-3 years for

people to fully recover from their injuries, and even if

active treatment was concluded, he always advised his MVA

patients to wait a full 12 months post accident before

settling their claim. While that may seem ludicrous to the

insurance companies, I think it's sound advice coming from

someone with over 40 years experience seeing thousands of

MVA cases.

Lyndon McGill, D.C.

Salem, Oregon

www.SalemSpineClinic.com

www.LimitlessRelief.com

> Good morning doctors,

>

> There are times when I’m not

surprised by an IME

> request. This one though has me extremely baffled. Have a

> patient who was in an auto accident in the beginning of

> October. He suffered a compression fracture of L2 to go

> along with a pretty nasty lumbar strain.

>

> Patient has been seen 12 times since the accident. A

> re-evaluation took place approximately 8 weeks into

> treatment. The exam noted vast improvements, with an

> estimated MMI date and included our plans as we move

> forward in regards to treatment/rehab.

>

> Our office manager called the adjuster to see if we could

> provide some answers that perhaps they were missing etc.

> and the adjuster was extremely unprofess and rude.

> The state farm adjuster proceeded to tell her that it was

> their prerogative whether or not to send the patient to

> the IME and that they needed to find out if the treatment

> was necessary. She then proceeded to hang up on our office

> manager.

>

> We haven’t received written notice of this IME yet.

The

> patient is requesting a change in the adjuster and will

> piggy back our complaints to the State of Oregon about

> this adjuster.

>

> Clinically there is NO justification for an IME.

He’s

> only 12 visits in, and has begun re-strengthening portion

> of care. They contacted the patient about this after the

> 8th or 9th visit.

>

> Just wanted to share a case with you that quite clearly

> depicts the complete ARBITRARY manner in which these exams

> are ordered. It’s absolute BS!

>

>

>

> ph Medlin D.C.

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Dr. Medlin,

Often there are issues that trigger an IME that you are not aware of, and this leads to the confusion you expressed. I am not saying these are the answers to your questions, but this may represent some of the factors.

You do not mention the nature of the collision; however, you report that the patient was diagnosed with a compression fracture. Does the mechanism support this type of injury? Does the imaging show this as acute or a long standing condition? Is there any prior history of similar injuries - is he a "frequent accident" victim? Has he been truthful with you? Is there something about the accident he has not shared with you? Was there a delay in starting treatment?

It may have nothing to do with you in particular, but there is something about the case that needs clarification. The issue may be something that cannot be shared with you, because it relates to an active investigation; this patient might be part of a bigger accident scam and you are an unwitting victim. Or the patient's name is the same as (or similar to) someone they are investigating.

But all this is speculation. Your role is to treat the patient and provide good clinical documentation in support of your care. Contrary to popular belief, not all IMEs result in care being cut off. Although one of the biggest problems relates to poor record keeping (illegible, repetitive, contradictory, etc).

I do not know if this helps, but there are different frames of reference to consider.

Tom Freedland, DC

Unnecessary IME

Posted by: "ph Medlin" spinetree@...

Thu Jan 19, 2012 8:57 am (PST)

Good morning doctors,There are times when I’m not surprised by an IME request. This one though has me extremely baffled. Have a patient who was in an auto accident in the beginning of October. He suffered a compression fracture of L2 to go along with a pretty nasty lumbar strain.Patient has been seen 12 times since the accident. A re-evaluation took place approximately 8 weeks into treatment. The exam noted vast improvements, with an estimated MMI date and included our plans as we move forward in regards to treatment/rehab.Our office manager called the adjuster to see if we could provide some answers that perhaps they were missing etc. and the adjuster was extremely unprofessional and rude. The state farm adjuster proceeded to tell her that it was their prerogative whether or not to send the patient to the IME and that they needed to find out if the treatment was necessary. She then proceeded to hang up on our office manager.We haven’t received written notice of this IME yet. The patient is requesting a change in the adjuster and will piggy back our complaints to the State of Oregon about this adjuster.Clinically there is NO justification for an IME. He’s only 12 visits in, and has begun re-strengthening portion of care. They contacted the patient about this after the 8th or 9th visit.Just wanted to share a case with you that quite clearly depicts the complete ARBITRARY manner in which these exams are ordered. It’s absolute BS!ph Medlin D.C.

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I hate to agree with Tom, but I considered the same thing.

(Just kidding Tom, don’t close my claim! ;-)

Years ago, I had 2 patients who were ordered to an IME and the adjuster wouldn’t even speak to me (it was before I was famous).

It turns out that they had been in an identical accident a year before, rear ended by a rented U-haul truck just like before.

They were busted for mail fraud, insurance fraud, etc.

Nice guys too.

--

E. Abrahamson, D.C.

Chiropractic physician

Lake Oswego Chiropractic Clinic

315 Second Street

Lake Oswego, OR 97034

503-635-6246

Website: http://www.lakeoswegochiro.com

From: <TFreedland@...>

Date: Fri, 20 Jan 2012 14:32:24 -0500 (EST)

< >

Subject: Re: Unnecessary IME

Dr. Medlin,

Often there are issues that trigger an IME that you are not aware of, and this leads to the confusion you expressed. I am not saying these are the answers to your questions, but this may represent some of the factors.

You do not mention the nature of the collision; however, you report that the patient was diagnosed with a compression fracture. Does the mechanism support this type of injury? Does the imaging show this as acute or a long standing condition? Is there any prior history of similar injuries - is he a " frequent accident " victim? Has he been truthful with you? Is there something about the accident he has not shared with you? Was there a delay in starting treatment?

It may have nothing to do with you in particular, but there is something about the case that needs clarification. The issue may be something that cannot be shared with you, because it relates to an active investigation; this patient might be part of a bigger accident scam and you are an unwitting victim. Or the patient's name is the same as (or similar to) someone they are investigating.

But all this is speculation. Your role is to treat the patient and provide good clinical documentation in support of your care. Contrary to popular belief, not all IMEs result in care being cut off. Although one of the biggest problems relates to poor record keeping (illegible, repetitive, contradictory, etc).

I do not know if this helps, but there are different frames of reference to consider.

Tom Freedland, DC

Unnecessary IME </message/45119;_ylc=X3oDMTJyZm11dnRsBF9TAzk3MzU5NzE1BGdycElkAzE0MDU5MjAEZ3Jwc3BJZAMxNzA1MDYxMTQ2BG1zZ0lkAzQ1MTE5BHNlYwNkbXNnBHNsawN2bXNnBHN0aW1lAzEzMjcwNzA0NDA->

Posted by: " ph Medlin " spinetree@... <mailto:spinetree@...?Subject= Re%3A%20Unnecessary%20IME>

Thu Jan 19, 2012 8:57 am (PST)

Good morning doctors,

There are times when I’m not surprised by an IME request. This one though has me extremely baffled. Have a patient who was in an auto accident in the beginning of October. He suffered a compression fracture of L2 to go along with a pretty nasty lumbar strain.

Patient has been seen 12 times since the accident. A re-evaluation took place approximately 8 weeks into treatment. The exam noted vast improvements, with an estimated MMI date and included our plans as we move forward in regards to treatment/rehab.

Our office manager called the adjuster to see if we could provide some answers that perhaps they were missing etc. and the adjuster was extremely unprofessional and rude. The state farm adjuster proceeded to tell her that it was their prerogative whether or not to send the patient to the IME and that they needed to find out if the treatment was necessary. She then proceeded to hang up on our office manager.

We haven’t received written notice of this IME yet. The patient is requesting a change in the adjuster and will piggy back our complaints to the State of Oregon about this adjuster.

Clinically there is NO justification for an IME. He’s only 12 visits in, and has begun re-strengthening portion of care. They contacted the patient about this after the 8th or 9th visit.

Just wanted to share a case with you that quite clearly depicts the complete ARBITRARY manner in which these exams are ordered. It’s absolute BS!

ph Medlin D.C.

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Not that anyone asked for a lawyer's perspective, but here's mine, based on my

entire career representing crash victims and conversing daily with hundreds of

other lawyers in the state doing similar work:

1. It's my strong suspicion that IMEs are generally ordered whenever care seems

to deviate from what each insurer has decided is an acceptable, " usual " curve of

treatment for a given " type " of crash. What that means in real life is that

when there isn't either big vehicle damage or photos of big vehicle damage,

clients won't be referred for IMEs. " Big " treatment for " small " crash = IMEs.

Never mind that there is no useful predictive correlation between vehicle damage

and injury a) risk, B) severity or c) duration in a given crash - the insurance

companies don't want to hear that because:

2. Insurance is a business, plain and simple. Whenever the companies can

plausibly/legally keep more premium dollars by paying out less on claims, they

are going to do it. Little injustices compounded by millions of policyholders

equal billions of dollars in savings. With my own eyes, I've seen the internal

reports to back that up.

3. There is nothing " independent " about the IME industry. Any doctor who

performs IMEs either once or for a living knows who butters their bread. They

know how easy IMEs are to do, and if they are a typical human being who wants

the max reward for the least work, they will know what they need to say (or more

likely, cut and paste from prior reports) to keep the gravy train coming.

While it's true that I've seen a vanishingly small number of IMEs that either a)

helpfully recommended additional, but alternative treatment that helped my

client or B) completely agreed with a primary doc's course of treatment, it's

equally true that I've never seen those doctors' names on a subsequent IME

report. Why do you suppose that might be? It's because the carrier wants the

report it paid for - the one that says " you're all done now, " or " you'll be all

done in two more weeks, " or (I've seen this) " you couldn't possibly be hurt

because your car sustained less than $1,000 in damage. "

4. Insurance fraud is a scarecrow, a bogeyman, used to prop up and legitimize a

system whose true purpose is to limit costs whenever possible (see #2 above).

Are there a handful of terrible people who attempt to manipulate the system for

their own benefit? Sure. Are there some lawyers who abet such people? Sure.

Those people are the 1%. The 99% are the people who suffered a legit injury in

a typical crash and simply want their carrier to live up to their side of the

bargain after the carrier has accepted their monthly premium payments, often for

decades.

Exaggerated accounts of the damage caused by the 1% are being used to victimize

all of the rest of us when we make ordinary claims on our insurers following

vehicle crashes.

5. Adjusters (the ones who order IMEs) don't think about " mechanism of injury "

any further than a cursory look at a repair bill and crash photos, and they

don't think about the long-term effects of prior injuries any further than that

they can use one as an excuse to order an IME. I've sent dozens of them

peer-reviewed science on those topics over the years, and I've explained to them

the law of the State of Oregon, i.e. just because someone may have been more

vulnerable to a particular injury doesn't mean that they either didn't suffer it

this time, or are entitled to less treatment this time. I've never had a single

substantive reply.

All adjusters care about is pleasing their bosses, and pleasing their bosses

means paying out an " acceptable " amount of benefits on claims of each given

" type. " See #2.

6. It is true that keeping poor records and failing to regularly re-evaluate

treatment in a written, detailed way will increase the odds that a) your patient

will be IME'd, B) your charges won't be paid for by the PIP carrier, or c) your

charges won't be credited by an at-fault driver's carrier when I'm negotiating

your patient's settlement. Keep detailed, electronic records. Re-evaluate

regularly, and put the detailed results in writing. The rest is largely out of

your hands, because:

7. When in doubt, see #2.

Respectfully,

Ben

--

Ben

Attorney at Law

1205 NW 25th Avenue

Portland, OR 97210

p. (503) 224-1787

f. (888) 659-7963

e. Ben@...

On Jan 20, 2012, at 11:32 AM, TFreedland@... wrote:

>

> Dr. Medlin,

>

> Often there are issues that trigger an IME that you are not aware of, and this

leads to the confusion you expressed. I am not saying these are the answers to

your questions, but this may represent some of the factors.

>

> You do not mention the nature of the collision; however, you report that the

patient was diagnosed with a compression fracture. Does the mechanism support

this type of injury? Does the imaging show this as acute or a long standing

condition? Is there any prior history of similar injuries - is he a " frequent

accident " victim? Has he been truthful with you? Is there something about the

accident he has not shared with you? Was there a delay in starting treatment?

>

> It may have nothing to do with you in particular, but there is something about

the case that needs clarification. The issue may be something that cannot be

shared with you, because it relates to an active investigation; this patient

might be part of a bigger accident scam and you are an unwitting victim. Or the

patient's name is the same as (or similar to) someone they are investigating.

>

> But all this is speculation. Your role is to treat the patient and provide

good clinical documentation in support of your care. Contrary to popular

belief, not all IMEs result in care being cut off. Although one of the biggest

problems relates to poor record keeping (illegible, repetitive, contradictory,

etc).

>

> I do not know if this helps, but there are different frames of reference to

consider.

>

> Tom Freedland, DC

>

>

>

>

> Unnecessary IME

>

> Posted by: " ph Medlin " spinetree@...

>

> Thu Jan 19, 2012 8:57 am (PST)

>

>

>

> Good morning doctors,

>

> There are times when I’m not surprised by an IME request. This one though has

me extremely baffled. Have a patient who was in an auto accident in the

beginning of October. He suffered a compression fracture of L2 to go along with

a pretty nasty lumbar strain.

>

> Patient has been seen 12 times since the accident. A re-evaluation took place

approximately 8 weeks into treatment. The exam noted vast improvements, with an

estimated MMI date and included our plans as we move forward in regards to

treatment/rehab.

>

> Our office manager called the adjuster to see if we could provide some answers

that perhaps they were missing etc. and the adjuster was extremely

unprofessional and rude. The state farm adjuster proceeded to tell her that it

was their prerogative whether or not to send the patient to the IME and that

they needed to find out if the treatment was necessary. She then proceeded to

hang up on our office manager.

>

> We haven’t received written notice of this IME yet. The patient is requesting

a change in the adjuster and will piggy back our complaints to the State of

Oregon about this adjuster.

>

> Clinically there is NO justification for an IME. He’s only 12 visits in, and

has begun re-strengthening portion of care. They contacted the patient about

this after the 8th or 9th visit.

>

> Just wanted to share a case with you that quite clearly depicts the complete

ARBITRARY manner in which these exams are ordered. It’s absolute BS!

>

> ph Medlin D.C.

>

>

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Thank you for your non-DC perspective! Seitz, DC Tuality Physicians 730-D SE Oak St Hillsboro, OR 97123 (503)640-3724> CC: TFreedland@...> > From: ben@...> Date: Mon, 23 Jan 2012 13:55:03 -0800> Subject: Re: Unnecessary IME> > Not that anyone asked for a lawyer's perspective, but here's mine, based on my entire career representing crash victims and conversing daily with hundreds of other lawyers in the state doing similar work:> > 1. It's my strong suspicion that IMEs are generally ordered whenever care seems to deviate from what each insurer has decided is an acceptable, "usual" curve of treatment for a given "type" of crash. What that means in real life is that when there isn't either big vehicle damage or photos of big vehicle damage, clients won't be referred for IMEs. "Big" treatment for "small" crash = IMEs. Never mind that there is no useful predictive correlation between vehicle damage and injury a) risk, B) severity or c) duration in a given crash - the insurance companies don't want to hear that because:> > 2. Insurance is a business, plain and simple. Whenever the companies can plausibly/legally keep more premium dollars by paying out less on claims, they are going to do it. Little injustices compounded by millions of policyholders equal billions of dollars in savings. With my own eyes, I've seen the internal reports to back that up. > > 3. There is nothing "independent" about the IME industry. Any doctor who performs IMEs either once or for a living knows who butters their bread. They know how easy IMEs are to do, and if they are a typical human being who wants the max reward for the least work, they will know what they need to say (or more likely, cut and paste from prior reports) to keep the gravy train coming. > > While it's true that I've seen a vanishingly small number of IMEs that either a) helpfully recommended additional, but alternative treatment that helped my client or B) completely agreed with a primary doc's course of treatment, it's equally true that I've never seen those doctors' names on a subsequent IME report. Why do you suppose that might be? It's because the carrier wants the report it paid for - the one that says "you're all done now," or "you'll be all done in two more weeks," or (I've seen this) "you couldn't possibly be hurt because your car sustained less than $1,000 in damage."> > 4. Insurance fraud is a scarecrow, a bogeyman, used to prop up and legitimize a system whose true purpose is to limit costs whenever possible (see #2 above). Are there a handful of terrible people who attempt to manipulate the system for their own benefit? Sure. Are there some lawyers who abet such people? Sure. Those people are the 1%. The 99% are the people who suffered a legit injury in a typical crash and simply want their carrier to live up to their side of the bargain after the carrier has accepted their monthly premium payments, often for decades. > > Exaggerated accounts of the damage caused by the 1% are being used to victimize all of the rest of us when we make ordinary claims on our insurers following vehicle crashes.> > 5. Adjusters (the ones who order IMEs) don't think about "mechanism of injury" any further than a cursory look at a repair bill and crash photos, and they don't think about the long-term effects of prior injuries any further than that they can use one as an excuse to order an IME. I've sent dozens of them peer-reviewed science on those topics over the years, and I've explained to them the law of the State of Oregon, i.e. just because someone may have been more vulnerable to a particular injury doesn't mean that they either didn't suffer it this time, or are entitled to less treatment this time. I've never had a single substantive reply. > > All adjusters care about is pleasing their bosses, and pleasing their bosses means paying out an "acceptable" amount of benefits on claims of each given "type." See #2. > > 6. It is true that keeping poor records and failing to regularly re-evaluate treatment in a written, detailed way will increase the odds that a) your patient will be IME'd, B) your charges won't be paid for by the PIP carrier, or c) your charges won't be credited by an at-fault driver's carrier when I'm negotiating your patient's settlement. Keep detailed, electronic records. Re-evaluate regularly, and put the detailed results in writing. The rest is largely out of your hands, because:> > 7. When in doubt, see #2. > > Respectfully,> > Ben > > --> Ben > Attorney at Law> > 1205 NW 25th Avenue> Portland, OR 97210> > p. (503) 224-1787> f. (888) 659-7963> e. Ben@...> > On Jan 20, 2012, at 11:32 AM, TFreedland@... wrote:> > > > > Dr. Medlin,> > > > Often there are issues that trigger an IME that you are not aware of, and this leads to the confusion you expressed. I am not saying these are the answers to your questions, but this may represent some of the factors.> > > > You do not mention the nature of the collision; however, you report that the patient was diagnosed with a compression fracture. Does the mechanism support this type of injury? Does the imaging show this as acute or a long standing condition? Is there any prior history of similar injuries - is he a "frequent accident" victim? Has he been truthful with you? Is there something about the accident he has not shared with you? Was there a delay in starting treatment?> > > > It may have nothing to do with you in particular, but there is something about the case that needs clarification. The issue may be something that cannot be shared with you, because it relates to an active investigation; this patient might be part of a bigger accident scam and you are an unwitting victim. Or the patient's name is the same as (or similar to) someone they are investigating.> > > > But all this is speculation. Your role is to treat the patient and provide good clinical documentation in support of your care. Contrary to popular belief, not all IMEs result in care being cut off. Although one of the biggest problems relates to poor record keeping (illegible, repetitive, contradictory, etc). > > > > I do not know if this helps, but there are different frames of reference to consider.> > > > Tom Freedland, DC> > > > > > > > > > Unnecessary IME> > > > Posted by: "ph Medlin" spinetree@...> > > > Thu Jan 19, 2012 8:57 am (PST)> > > > > > > > Good morning doctors,> > > > There are times when I’m not surprised by an IME request. This one though has me extremely baffled. Have a patient who was in an auto accident in the beginning of October. He suffered a compression fracture of L2 to go along with a pretty nasty lumbar strain.> > > > Patient has been seen 12 times since the accident. A re-evaluation took place approximately 8 weeks into treatment. The exam noted vast improvements, with an estimated MMI date and included our plans as we move forward in regards to treatment/rehab.> > > > Our office manager called the adjuster to see if we could provide some answers that perhaps they were missing etc. and the adjuster was extremely unprofessional and rude. The state farm adjuster proceeded to tell her that it was their prerogative whether or not to send the patient to the IME and that they needed to find out if the treatment was necessary. She then proceeded to hang up on our office manager.> > > > We haven’t received written notice of this IME yet. The patient is requesting a change in the adjuster and will piggy back our complaints to the State of Oregon about this adjuster.> > > > Clinically there is NO justification for an IME. He’s only 12 visits in, and has begun re-strengthening portion of care. They contacted the patient about this after the 8th or 9th visit.> > > > Just wanted to share a case with you that quite clearly depicts the complete ARBITRARY manner in which these exams are ordered. It’s absolute BS!> > > > ph Medlin D.C.> > > > > > > > > > > > > > > > > > > > > ------------------------------------> > All posts must adhere to OregonDCs rules located on homepage at: /> Tell a colleague about OregonDCs! (must be licensed Oregon DC)

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