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The Spinal KineticsNov 7, 2024 8:00:00 AM4 min read

How to Navigate Depositions and Trials in the Spinal Injury Space

Introduction

As a doctor working in the personal injury space, it’s common to feel a bit uneasy about depositions and trials. However, these legal proceedings are part of the medical-legal landscape when treating patients with spinal injuries. In my experience as a practitioner and CEO of Spinal Kinetics, I’ve learned how to navigate these situations effectively, and I’d like to share insights on how you can do the same.

Why I Got Into Injury Work

When I started working with spinal injuries, my primary goal was to reduce the risk of long-term disability for my patients. Research shows that 55% or more of patients with spinal injuries never fully recover. However, I believed that with the right treatment and rehabilitation program, I could improve that outcome significantly. My goal was to ensure that patients didn’t suffer from chronic conditions and could enjoy a full recovery.

That’s the role every injury provider should aim for—delivering results that reduce or eliminate the need for long-term care. With advancements like AI in the spinal injury market, focusing on patient outcomes will become even more critical. The old mentality of treating injuries just to maximize monetary settlements is not only misguided, but it’s also detrimental to patients. No amount of money can compensate for a lifetime of potentially avoidable disability.

The Doctor’s Role: Reducing Future Benefit Needs

As a doctor, your responsibility is to reduce a patient’s need for long-term care and future benefits. This is the essence of good rehabilitation. If you’re able to do that, not only will you improve patient outcomes, but you’ll also set yourself up as one of the most sought-after providers in the spinal injury market.

Three Key Skills for Success in the Spinal Injury Market

To thrive in the spinal injury space, you need to master three crucial skills:

1. Workup and Imaging: You must understand spinal imaging and know how to interpret tests such as excessive motion and disc herniation evaluations. Additionally, recognizing the connection between upper cervical injuries and mild traumatic brain injuries (MTBIs) is essential.
2. Documentation: Proper documentation is crucial in the medical-legal space. It’s not difficult, but it requires precision. Your records tell the patient’s story, and well-organized, clear documentation makes it easier for plaintiff attorneys, defense attorneys, and insurance companies to understand the patient’s injuries and determine benefits.
3. Results: Finally, achieving excellent results with your treatment is vital. If you can effectively rehabilitate spinal injuries, reducing the long-term care needs of your patients, you will become an invaluable resource in this market.

At Spinal Kinetics, we are proud to help doctors standardize spinal injury workups, enabling providers to deliver better treatment and achieve better outcomes. When you can reduce the need for future benefits, you not only improve patient health, but you also position yourself as a leader in the field.

The Role of Depositions in Injury Work

When treating injury patients, you’re likely to encounter depositions and trials as part of the medical-legal process. In personal injury cases, you may be deposed by a plaintiff attorney or defense attorney. You may also face independent medical exams (IMEs), utilization reviews, or scrutiny over your treatment protocols.

One key way to handle depositions effectively is by using unbiased, third-party excessive motion testing. At Spinal Kinetics, we specialize in providing these independent reports, which are invaluable during legal proceedings. Years ago, I used an independent company for excessive motion testing in my practice because I wanted an objective party to handle it. This decision helped strengthen my position during depositions and legal challenges.

Why Independent Testing is Crucial

Let’s take a real-world example: Imagine a patient with significant upper cervical spine injuries, like C2-C3 and C3-C4 alterations in motion segment integrity, which are surgical-level injuries. Additionally, this patient has ligament damage at the cranial cervical junction, which mimics symptoms of a mild traumatic brain injury (MTBI).

As the treating doctor, you’ve administered six months of care and used outcome assessments to show the patient’s consistent improvement. Your documentation reflects why you pursued this course of treatment, the results achieved, and the patient’s current status. With an independent, unbiased read on the imaging results, you’ve strengthened your case. Your focus remains on the injury and the patient’s recovery, rather than getting bogged down in technical debates about software or testing methods.

Without independent imaging, you could face distractions during depositions that shift the focus away from the injury itself and toward technicalities. Unbiased testing ensures the defense has less ability to undermine your findings, allowing you to focus on the patient’s health and recovery.

The Power of Good Results in Legal Cases

When you deliver excellent rehabilitation results, it speaks for itself in legal proceedings. Whether the patient entered your care with severe injuries or was wheelchair-bound, if they’ve regained mobility and returned to an active lifestyle, your work as a doctor is undeniable. Even in the context of medical-legal battles, the patient’s recovery will stand as a testament to your effective treatment.

How Spinal Kinetics Can Help

At Spinal Kinetics, we help doctors navigate the complexities of the spinal injury space, providing independent excessive motion testing that supports both legal defense and patient care. By partnering with us, you can improve your documentation, enhance your results, and strengthen your position in depositions and trials.

If you’re interested in learning more or setting up an account with Spinal Kinetics, we’re here to help. We’re committed to elevating the professionalism and outcomes of the spinal injury market, and we’d love for you to join us in this mission.

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