In the past five years, I have reviewed 350 cases and testified on 70
occasions, mostly on behalf of plaintiffs. I have seen every conceivable
attack on chiropractic that the insurance companies could hurl.
One of the best weapons available to blunt these attacks is the Council
on Chiropractic Practice's (CCP) "Clinical Guideline Number One
Vertebral Subluxation in Chiropractic Practice."
Yet few doctors actually cite these guidelines when they explain why
the care they rendered was reasonable and necessary.
Researchers many years ago found that doctors in different parts of the
country practiced in widely differing ways. For example, the chance of
getting a particular medical procedure in Los Angeles might be far greater
than in Boston.
Experts concluded that either Los Angeles patients were being
overtreated or Boston patients were being undertreated. They felt there
was a need for nationwide guidelines so that patients would receive the
right amount of care.
When doctors practice according to guidelines, it is far more difficult
for insurers to claim that chiropractic care was excessive. No longer must
you solely rely upon: "It is my clinical judgment that the patient
needed X number of adjustments." You now can cite a professional
guideline to support your position.
In court, insurers almost inevitably will declare that the CCP
guidelines are neither "recognized" nor reliable.
The first objection is easily overcome by explaining that the CCP
guidelines have been accepted by the National Guideline Clearinghouse
(NGC) found on the Internet at http://www.guideline.gov/index.asp. In
fact, the CCP Guideline is the only such document listed by NGC.
The NGC is "a public resource for evidence-based clinical practice
guidelines. NGC is sponsored by the Agency for Healthcare Research and
Quality (AHRQ) (formerly the Agency for Health Care Policy and Research [AHCPR])
in partnership with the American Medical Association and the American
Association of Health Plans."
While the NCG does not state that the listed guidelines are
scientifically perfect, inclusion of the CCP guidelines on the list means
they deserve the same recognition as other included guidelines which
address nearly every system in the body.
The accusation that the CCP Guideline is unreliable can be just as
easily refuted. A review of the list of contributors, and their
credentials, will convince any objective, unbiased person (such as a
juror) that the guidelines are reliable and reflect modern chiropractic
practice.
Most states license chiropractors primarily to correct spinal
subluxations with spinal adjustments. Therefore, doctors should focus on
subluxations in their reports. The CCP Guideline states: "Since the
duration of care for correction of vertebral subluxation is patient
specific, frequency of visits should be based upon the reduction and
eventual resolution of indicators of vertebral subluxation." (P. 83)
The CCP Guideline does not solely address frequency of spinal
adjustments. It also addresses examination procedures such as postural
analysis, inclinometry, and surface EMG. You should carefully review a
summary of the Guideline on the NCG website under the section "Musculoskeletal
Diseases," or download a free copy of the entire guideline from the
World Chiropractic Alliance website at www.worldchiropracticalliance.org
(listed under "Quick Links" on the left hand navigation bar)
The CCP Guideline covers numerous procedures used to check for
vertebral subluxation, including palpation, range of motion, postural
analysis muscle strength testing, orthopedic/neurological tests, quality
of life assessment instruments. If the case history and the chiropractic
analysis reveal the presence of indicators of subluxation, it is both
reasonable and necessary for you to provide an adjustment, according to
the Guideline.
A typical argument made by a medical doctor regarding the CCP Guideline
is that the Guideline was drafted exclusively by chiropractors and for
chiropractors.
An effective response is: "Who do you think should write
guidelines for medical doctors? If chiropractors cannot write their own
professional guidelines then neither can medical doctors."
However, it is useful to also explain that the CCP Guideline was
written by a multidisciplinary team, not just chiropractors.
Another defensive tactic I employ is to go on the offense. "Did
you know, doctor, that according to the New England Journal of Medicine,
non-steroidal anti-inflammatory medications killed almost as many
Americans in 1997 as did AIDS (16,500 versus 16,686)? If deaths from
NSAIDs were tabulated separately in National Vital Statistics reports,
NSAIDs would be the 15th most common cause of death in the U.S. Yet these
toxic effects remain largely a 'silent epidemic,' with many physicians and
most patients unaware of the magnitude of the problem." (NEJM,
June 17, 1999, pp. 1888-1899.)
Given these facts, it is the rare juror who will not agree that safety
considerations require that chiropractic be used before NSAIDs are
considered.
Armed with the CCP Guidelines, you are ready to fight those who would
say that your spinal adjustments were excessive or unnecessary.
The CCP Guideline states that a chiropractor must adjust a
subluxation until all indicators of subluxation are gone.
Recognition of the Guideline by the NCG, coupled with the impressive
credentials of the contributors make for powerful arguments.
It is not necessary to capitulate to those who harshly criticize
chiropractic care that you know was reasonable and necessary. If you use
all of the weapons in your arsenal -- including the CCP Guideline -- you
can win.
(Dr. Alan M. Immerman consults with doctors and attorneys to help them
rebut unfair IME reports and biomechanical engineers' "no crash - no
cash" arguments. If you would like an e-mail or fax copy of a fully
referenced report refuting an IME doctor and an engineer, send a check $20
to Alan M. Immerman, D.C., 9850 Shadow Trail, Flagstaff, AZ 86004. The fee
for a mailed, printed copy is $25. You may call Dr. Immerman at
928/522-0600 or visit www.i-c-p.com.)