Shared Files from the Website of the
Orange County Chiropractic District

P.I. Alerts - Jan 2006

 

Shawn Steel
P.I. Law
CCA Affiliate Member

PI FAX & Email ALERT

2/7/2006

BY SHAWN STEEL, CHIROPRACTIC ATTORNEY

Telephone: 800-626-0003  310-697-9000
Website: www.shawnsteel.com
Email: shawnsteel@shawnsteel.com
Fax: 310-697-9010

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WHY FEMALES ARE MORE AT RISK
FOR INJURY & CHRONICITY RE MVA’S:
Part One by Lewkovich, DC, QME PI Review 12/05


Females are twice as likely as their male counterparts to suffer M.S. injuries. The likelihood that these injuries will become chronic, i.e. lasting longer than 90 days, ranges up to 2.3 times that of males. Some of the most likely reasons for these differences are as follows:
  1. Greater whipping forces:  Females generally have a longer neck than males therefore their heads are subject to greater “whipping” forces.
  2. Less protective muscle mass:  Since males generally have greater muscle mass to cushion or slow the endpoint forces of the neck in extension;
  3. Weaker ligaments:  Larger people generally have stronger ligaments. Higher testosterone levels are also associated with stronger ligaments. Overstretched and or torn ligaments are the man reason for hyper mobility
  4. Awareness of Impending Impact :  Females who do not anticipate the rear-end impact, have a 25% grater head retraction tan aware females. This retraction differential is more pronounced when compared to aware males. The greater degree of head retraction is likely to result in great tissue damage to females.

For a copy, email johntawlian@shawnsteel.com
…more in the next issue

Visit us at: WWW.SHAWNSTEEL.COM

Looking to sue for your med pay or a dishonest attorney in small claims? Have a look at our web site with the 3 steps to win. Beginning this year you can sue up to $7500.00

 

51 DAY GAP IN CARE RUINS PI CASE

Pedro Mendoza [P] a 31 year gardener was hit in a 4 way stop. Defendant admitted liability. P claimed neck and back pain. But admitted he didn’t see any doctors until 51 days after the accident.

P stated he had no med pay or private insurance and could not afford to pay out of pocket. Once he found a DC he treated for 4.5 months and claimed medical bills at $6,388.37. P argued he worked at 50 hours a week due to economic necessity following the accident. The defense, AAA, argued that by waiting to treat P contributed to his pain and suffering. AAA also claimed that P was guilty of presenting a fraudulent claim.

P demanded $13,500. The Jury awarded $3258.07.

Lessons:

  1. Almost no one believes a person will ‘wait’ 51 days to get care. If you cut your hand, you go to the emergency room no matter what.
  2. What’s remarkable is why did the DC even take this case?
  3. It’s always good to treat injured persons, but not this case on a lien. This should be a “cash” patient.

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