Doctor's Chart Note Letter to Regarding Use of Subjective Pain in
Diagnosis of Personal Injuries
This is a letter to an adjuster who has challenged your billings as being
out of line with the norm for injuries that OUGHT to have been sustained in
an accident of the kind your patient was in. The reason he is not going to
pay your charges is because he has concluded your diagnosis is not supported
by objective findings, and therefore is suspect.
He will say to your patient that he cannot pay under the terms of the PIP
policy unless the treatment was reasonable and necessary, and since there
has not been an accurate diagnosis, the only such treatment he will allow is
that which one might expect from similar trauma. BS!
The argument from the adjuster will be that you treated based upon strictly
subjective complaints, with no objective findings. Thus, your diagnosis is
suspect. He will state that a "peer review" has concluded that in as
accident such as this, a patient OUGHT to be fixed and stable after
treatments of some low number he will specify.
Don't light your hair on fire when your patient tells you of this outrage:
just vow to take the time to educate this adjuster, including supporting
your patient's complaint to the insurance commissioner, if necessary. That
support starts with this letter.
This is a letter to send for ammunition for your patient when the adjuster
raises the objection that his pain is entirely subjective, and there is no
objective evidence of any injury other than his complaints of pain. This is
a tactic the adjusters will often use, and the best way to shut them down is
to give him an opinion letter that states almost all clinical diagnoses must
be based upon subjective complaints.
For further background and for URL links to letters that your patient can
use, please see Alleging Chiropractic Care is Based Upon Subjective
Complaints, not Objective Symptoms, and Hence is Neither Reasonable nor
Necessary .
Example Letter to Adjuster Regarding Use of Subjective Pain in Diagnosis
of Personal Injuries
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Your name, D.C.
Name of your practice
Your address
February 3, 2005
Insurance adjuster's name (be sure to include her title)
Insurance company
Address
RE: Your insured and my patient, Robert Johnson
Date of Incident: [Note to D.C.: please insert this line inasmuch as
we do want the adjuster to be focused on WHY the patient is there
for treatment (i.e., the trauma of the accident), as opposed to some
general ache or pain he picked up lifting things in the garden or at
work.]
Dear (insert name of adjuster),
I am writing at the request of Mr. Johnson to provide information
regarding his care at my clinic. According to Robert, you notified
him that you would pay only a portion of the charges he incurred
during his treatment here. I offer no comment on your decision
inasmuch as my profession is concerned with healing, not fair
application of insurance laws.
Therefore, the sole purpose of this letter is to provide additional
information that was not available to you through the chart notes
that were sent to your office upon the instructions of Mr. Johnson.
I have not been asked to do a complete narrative report, although I
would be pleased to do so if requested by you. Instead, I am simply
going to comment on the diagnosis, nature of treatment, the extent
of treatment, and the results of treatment.
I will start by noting that when Mr. Johnson came to me regarding
the accident referred to above, I did a thorough examination,
and as a result I was able to make the following diagnosis: (D.C.:
insert here a brief summary of your diagnosis)
In my experience, and as confirmed by accepted chiropractic
principles and practices, such a diagnosis can be made entirely
based upon subjective complaints. It is true that in the case of
severe soft tissue injury, we will often find spasms, especially
upon palpitation. But the absence of objective evidence does not
rule out pain.
It is a proven truth that the existence of pain-even severe
pain-does not have to result in any objective findings. Please
consider standard medical practice for proof of that axiom. For
example, the fact is that a good clinician uses her skill and
experience to assess the truthfulness of the patient, and marries
her clinical observations and background into a coherent assessment
to form her diagnosis.
Since our medical care depends so heavily on the subjective as part
of nearly all clinical work, even when there is no objective test or
measurement of pain, it seems reasonable to require that adjusters
should give credence to the conclusions of an experienced doctor,
even if they are based solely upon subjective information. An
example of this is the diagnosis of fibromyalgia, which does not
manifest in any objective manner, but is diagnosed by subjective
complaints exclusively.
I performed examinations at the start of my treatments. The course
of treatment is well-documented. Subjective complaints are a
valuable tool of doctors in making a clinical diagnosis. In fact,
"subjective" is the first step of SOAP, the acronym for a
plan for diagnosis and treatment of medical conditions (Subjective,
Objective, Assessment, and Plan).
I have been at this business a good many years now, and thus I am
adept at reading people and my diagnosis is in large part based upon
that skill. As you can see from my notes, I am through in my
examination and my assessment is based upon the evidence before me,
including the demeanor of the patient. Based upon my diagnosis, I
concluded that an aggressive treatment plan was required to
stabilize the patient and move him along to healing. Thus, I
recommended that Mr. Johnson come for treatment four times per week
for two weeks, thence three times a week for two weeks, followed by
twice per week for 6 weeks, and one visit per week thereafter until
he reached maximum medical improvement.
Against this array of experience and medical tradition, you propose
to look to an anonymous "peer review" for the best recommendations.
I cannot comment upon your choices in this matter, but I will note
that I have twice before gone up against so-called "peer review"
doctors, and both times I was vindicated by the trier of fact. I am
ready, willing, and able to assist my patient in accessing his full
rights under his insurance policy, including working to provide
additional information or testifying, if necessary. (Note to D.C.:
go ahead with that tough talk even if you are not usually so
aggressive. This adjuster is abusing your patient and you need to
let him know that you are going to defend your practice and
billings.)
Of course it is not my job to figure out what rights my patient has
for reasonable and necessary treatments under his insurance policy.
All I can say is that I made a thorough clinical diagnosis, and in
my professional opinion, Mr. Johnson suffered the injuries recited
in my diagnosis and required intensive treatments up-front to
stabilize his condition brought about by the accident referred to
above, and that all care was medically necessary and charges
therefor were reasonable.
Given this information I am confident you will have sufficient basis
to reverse your decision and to pay Mr. Johnson's reasonable and
necessary chiropractic care billings. I would be pleased to provide
any additional information you may require.
Very Truly Yours,
(insert your name), D.C.
cc: Robert Johnson
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