American Academy of Disability Evaluating Physicians
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Perhaps the Most Important Book for Medical-Legal Work

Posted on Dec 2, 2010 at 2:05 PM

Submitted By Robert J. Barth, Ph.D. (AADEP Program Chair)

On January 6, 2011, in San Antonio TX, Dr. Mark Melhorn will be lecturing at the 2011 Advanced Skills Course of the American Academy of Disability Evaluating Physicians, on his book Guides to the Evaluation of Disease and Injury Causation.  Dr. Melhorn will also be lecturing at AADEP’s Annual Scientific Session, January 7, on the evaluation of hand and wrist claims.  Additionally, another seminal book that he has edited, A Physician’s Guide to Return to Work, will also be the focus of a session during AADEP’s 2011 Advanced Skills Course.

Dr. Melhorn’s Causation book is perhaps the most important book ever written for medical-legal work, because it addresses the issues which are the foundation of workers compensation and personal injury legal systems.  Workers’ compensation was created to address health problems specifically of a work-related nature, and the personal injury court system was created to address injuries. Unfortunately, discrepancies have emerged between these purposes and modern reality. As has been explained in Dr. Melhorn’s book, there are many clinical issues that find their way into those legal systems despite the fact that there is little to no scientific support for claiming that those issues are work-related or injury-related. Examples include carpal tunnel syndrome, complex regional pain syndrome type 1, posttraumatic stress disorder, and chronic back pain. Conversely, Dr. Melhorn’s book also explains that the potential work-relatedness of some conditions may go unrecognized because of the less than obvious nature of the relevant occupational risks.

One factor in the development of such discrepancies is the dominant tendency for legal systems to allow doctors to offer opinions, rather than limiting doctors to a discussion of facts. Reviews of workers’ compensation files (such as a review of files that was undertaken specifically in conjunction with the creation of Dr. Melhorn’s book), reveal that doctors develop opinions regarding work-relatedness in an idiosyncratic, haphazard, and even cavalier fashion. Similarly, a Florida workers’ compensation insurer surveyed its panel of doctors about how they determine work-relatedness, and the prevailing response was that they do not — they simply assume work-relatedness based on the fact that the patient came to see them in the context of a workers’ compensation claim.  Based on such reviews and reports, one might develop the impression that there are no professional standards for evaluating work-relatedness or injury-relatedness.

Dr. Melhorn’s Causation book was published in 2008 with the goal of eliminating such impressions. It specified scientific and clinical standards for causation analysis. Given the information in this text, claims of relatedness from any individual case can be scrutinized to determine whether the doctors who offered the conclusions did so in a manner that is factually based, scientifically credible, and consistent with professional standards.

Two points from the preceding paragraph warrant emphasis: Factual basis and scientific credibility. The first, factual basis, is dependent on the second, scientific credibility.  Dr. Melhorn’s book explains that scientific causation analysis involves a search for facts. The text highlights the discrepancy between this and legal causation, which, instead of being based on facts, is rooted in subjectivity — the subjective claims of the patient, the subjective opinions of doctors, and the subjective judgment of decision-makers. Because legal systems are so thoroughly plagued by subjectivity, people who work within those systems might never have realized that causation determinations could potentially be based on facts.

Health science is the source of the facts that are needed for making credible causation determinations. Unfortunately, this critical portion of the process is usually ignored.  Doctors’ opinions frequently develop in the absence of any consideration of the relevant health science.  Dr. Melhorn’s book repeatedly emphasizes that a claim of relatedness, even for a single case, should primarily be based on a presentation of scientific research which specifically and credibly analyzed the possibility of a causative link between the presumed cause and the claimed clinical presentation. 

In other words, it is appropriate for a doctor’s causation analysis in an individual case to start with a review of the relevant scientific literature.  Dr. Melhorn’s book actually provides such reviews of the relevant science for many issues that enter into medical-legal claims. For example, for claims of post-traumatic stress disorder (PTSD), a review was provided of studies that examined the possibility of a causative relationship between traumatic civilian experiences in adult life, and the development of PTSD symptoms.  Such studies have repeatedly revealed a lack of causative relationship — the syndrome of PTSD did not occur at higher rates in groups of people who had experienced trauma, compared to groups of people who had not experienced trauma. The repeated replication of such scientific findings creates a significant obstacle to credibly concluding that PTSD is caused by civilian trauma in adult life. Such scientific findings allow a doctor in any individual case to address relatedness based on facts (e.g., the fact that scientific findings have failed to support claims of relatedness), rather than based on subjective claims and opinions.

In addition to such reviews of the scientific literature, Dr. Melhorn’s book provides examples of how doctors can conduct a causation analysis for any individual case, and how the results of that analysis can be documented. The text additionally addresses many of the benefits of a credible approach to evaluating causation, such as  sparing patients from unjustifiable exposure to the reliably harmful health effects of involvement in medical-legal claims, identifying relatedness that might be overlooked if a scientifically credible approach is not used, combating the tendency for misdirected claims of relatedness to cause more important causes to be overlooked, minimizing the unnecessary adversarialness of medical-legal systems by providing a factual basis for claim resolution, and controlling the explosively increasing costs of workers’ compensation.

AADEP is honored and thankful that Dr. Melhorn is willing to lecture at the 2011 Advanced Skills Course and Annual Scientific Session.   His contributions to AADEP (serving as program chair repeatedly, holding a variety of offices including President, and a long history of faculty duties) have been a major factor in AADEP becoming a leading source of medical education in credible health science.

Information about AADEP and its educational offerings can be found at www.aadep.org, or by calling 312/663-1171.

Meeting Information:
24th Annual Scientific Session
January 7-8, 2011
JW Marriot Hill Country
San Antonio, Texas

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.


Dramatic Changes Ahead for Medical Claims Evaluation

Posted on Nov 16, 2010 at 2:22 PM

 

Dramatic Changes Ahead for Medical Claims Evaluation

Contributed by AADEP Faculty David J. Depaolo JD and Robert J. Barth Ph.D.

AADEP is pleased to announce that WorkCompCentral CEO David Depaolo has agreed to speak at the Annual Scientific Session. Mr. Depaolo will address the radical changes that lie ahead for the evaluation of medical claims, due to federal health care reform.

Fed by the hysteria of the general media and partisan politics, the focus of the health-care debate has been on the more recent passage of Health Care and Education Reconciliation Act of 2010, but health-care reform (and what really concerns the medical claims evaluator), began the moment President Obama took the oath of the Office of the President followed by the first law passed under his presidency, HR1.

HR1 was reported in the media as a monumental government financial stimulus package promising millions of dollars in various public works projects, but fully one-third of the bill was dedicated to the most important piece of the health care reform puzzle - the part that doesn't deal with insurance or Medicare: electronic health records and outcomes-based objective health care standards.

For the first time in this nation's history the health records of every person living in America will become "public knowledge" to every health-care provider who has authorization; and for the first time in this nation's history there will be a mandate of treatment protocols that will drive standards based medicine. The dramatic implications of these developments for medical claims evaluations will be the focus of Mr. Depaolo’s presentation.

These mostly uncontested provisions of the law are having a profound effect on the health-care industry, and will significantly impact the way that the medical claim evaluator conducts his or her practice, and interacts with the applicable medical claims system - be it workers' compensation, personal injury courts, Social Security, private disability insurance, or any other system.

Mr. DePaolo, president of WorkCompCentral, a workers' compensation news and education service, will be presenting "What Healthcare Reform, and the Future in General, Means to the Medical Claims Evaluator." Having studied HR1 from the outset, Mr. DePaolo will provide insight into the provisions of HR1 that will impact your practice, and will provide his forecast into the future of medical claims evaluation based on the realities of the provisions of HR1 and subsequent health-care reform law.

Click HERE to register online.

 


Click HERE to view the Annual Meeting brochure.

In Memoriam - Elizabeth Genovese, MD, MBA, FAADEP (1957-2010)

Posted on Apr 14, 2010 at 12:04 PM

IN MEMORIAM

ELIZABETH GENOVESE, MD, MBA, FAADEP

1957-2010

Elizabeth Genovese, MD, MBA, FAADEP (1957-2010)

SHE WAS A FRIEND

SHE WAS A LEADER

SHE IS A HEROINE

ELIZABETH LIVED HER LIFE TO ITS FULLEST

OUR HEARTFELT SYMPATHY, THOUGHTS AND PRAYERS ARE WITH HER FAMILY, CO-WORKERS AND THE MULTITUDE OF PROFESSIONALS WHOSE LIVES SHE TOUCHED

 

Doctor Genovese earned AADEP Fellowship in 1999, served on the AADEP Board of Directors for two full terms from 2001-2007, edited the AADEP Disability Newsletter, and provided education and motivation as a member of the AADEP core faculty for more than a decade. Doctor Genovese received the prestigious AADEP President’s Award in June 2009. We were all privileged to share her knowledge as a faculty member in January 2009 at the AADEP 22nd Annual Scientific Session and Advanced Clinical Skills.

The family asks that in lieu of flowers donations should be made to:
Gastrointestinal Oncology Research Fund
Kimmel Cancer Center at Jefferson
Thomas Jefferson University
Blumle Building
233 South 10th Street
Philladelphia, PA 19107

Please leave memories and comments in the comment section of this blog.

Unlocking the Truth

Posted on Dec 16, 2009 at 9:52 AM

Doctors:

Now what evaluating physician has not been the recipient of less than complete or honest information? And what would you be willing to give to be able to see through the vail of dishonesty???

Even our representatives still blush about "what the definition of 'is' is".....

This year we have a new program in store for you to address this problem. A Former FBI agent will join us Thursday as part of the Preconference to present how they have learned to "Lock in the Truth" while questioning someone. Since waterboarding is considered an unacceptable method for history taking, I am going to guess he will tell us better ways of sizing up the information to determine whether we should be looking a little harder. I am told that the first 5 minutes are so compelling, you will not want to miss the rest....

I don't know about you, but I am still trying to learn how to do this better. This sounds very interesting...I hope to see you there. It will be a lot warmer than where I am right now ....

Click
HERE to see Lee Howell's Agenda

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.

Advanced Clinical Skills - SDPM Module 2: When & Why Is It Fraud/Abuse? Faculty Update

Posted on Dec 15, 2009 at 8:28 AM

Doctors:

Happy Holidays to all.....If you remember, I recently sent to you a message on "Unlocking the Truth"...After talking to FBI agent Lee Howell (retired) - who has replaced Raymond Lauer for the Advanced Skills Session - SDPM Module 2: When and Why Is It Fraud/Abuse?  I really believe this will be a highly enlightening program for all, especially those who work with corporations and businesses, as these issues arise so frequently....but don't take my word for it....come and listen to the first 5 minutes, have some coffee...I think you will find this most enlightening and will help you in your practice....not that anybody would ever lie to us....

Click
HERE to see Lee Howell's Agenda

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.

Medical Sciencegate

Posted on Dec 11, 2009 at 12:40 PM

Doctors:

As the use of real science to deny ineffective, expensive, invasive morbidity enhancing procedures to the workers compensation population increases, I am seeing a greater number of certain marginal providers...."Pain Specialists", proceduralists, and "Semioticians" (those who specialize in treating symptoms) migrating to private insurers for their respective activities....They continue to practice their interesting and often refuted practices getting reimbursed through sources which are not as dedicated to science.

Think "Climategate"......now termed "Scientific Fascism"....no matter what your politics might be, we are all interested in learning the truth, however unpleasant it might be.

Our patients want us to do what we know to be best for them. In Orlando, you will learn of a new study (authored by Nguyen, Randolph, Talmage and Travis...four people you know) showing objective outcomes of lumbar fusion in a workers' comp population in Ohio. No more "VAS scores" or "Oswestry" outcomes.....You will learn what science says about "Pain management" and Opiates from University based medical scientists and practitioners.

Be ready when the curtain rises on act II of the nonsense out there. "Medical Sciencegate" is just starting. Maybe you and your colleagues should buy a ticket and see for yourselves...join us in Orlando

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.

Editorial on Adverse Events Reporting

Posted on Dec 10, 2009 at 2:38 PM

Doctors:

Click HERE to read a very short editorial from "The Back Letter" November, 2009.......now, where can you come to hear the truth about these remarkably costly and ineffective interventions?.....Start with Orlando in January......come and hear the real truth, not just what they want you to hear. Our preconference programs are loaded with highly qualified medical scientists (like Suzanne Novak, Bill Nemeth, Jim Talmage, Russell Travis, Trang Nguyen, Gary Freeman, Bob Barth, Mark Finneran to name a few). The nationally recognized Rick Deyo and Eugene Caragee will be providing you a new concept called "Truth"...you may have heard of it.....this stuff you can use every day to help stop adverse events. Come listen and add your voice.

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.

More on Crisis and Opportunity

Posted on Dec 9, 2009 at 2:00 PM

Doctors:

I hope all of you are enjoying the holiday season, even with the growing economic concerns...
As I mentioned in my last message, these changes may open new doors and pathways for us all. We can easily see that a number of interventions provided by some of our painful colleagues are not only less than helpful, they are very expensive, often performed  without scientific scrutiny, and serve to increase morbidity and mortality. They hurt people, and make us ALL look bad.

Do you know why? Are you aware of the science which allows me to make these bold assertions? Could you defend such statements at a deposition or in open court? Could your reports be enhanced by knowing and understanding these issues?

Does it make you angry to learn of Pain specialists billing $1,000,000 a month?????

Perhaps you should consider joining us or inviting a colleague for a few days in January in Orlando. Our voices can be heard by spreading the "Science of Pain Management" and dispelling the voodoo.....this must be stopped.

I would welcome your input...

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.

Health Care

Posted on Dec 7, 2009 at 1:19 PM

Doctors:

Only the cave dwellers among us believe health care will survive unchanged after the past few months. It would seem, however, that a more promising future exists for those who are able to provide scientifically sound critiques of medical care.

There is no doubt that the need for such talent and skill will increase over the next few years, as both medical and administrative needs for such evaluation increase. The ability to address and assess effective interventions can best be accomplished by experienced medically trained physicians, skilled in science and knowledgeable in the published literature.

Armed with such knowledge and experience, such a physician should be able to confront numerous future opportunities....

Perhaps you might know someone who would like to join us in this quest.

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

Click HERE to view the Annual Meeting brochure.

Click HERE to register online.

AADEP Opportunity

Posted on Nov 12, 2009 at 10:28 AM

I am writing to you to let you know about our upcoming AADEP Annual meeting being held in Orlando, January 7-9, 2010. Our focus this year will be on "Science and Pain Management". I believe you will find this program helpful and informative, especially when you are asked to address the evidence to support some of these practices.

On Thursday, January 7th, we will have a number of preconference seminars to help you thaw out. I would ask you to look at Russel Travis's program on "Controversial Diagnoses Including MRIs and the Evidence to Resolve" Russell and his team (Jim Talmage and Trang Nguyen) will provide you with a large selection of about 100 recently published abstracts taken from reputable journals, dealing with various aspects of spine problems. This interactive program will acquaint you not only with the recent  literature, but also on how to take these articles apart and learn the most from them. This will be a rare opportunity for you to sharpen your scientific skills and improve the quality of your reviews, by learning how the pro's do it.

Suzanne Novak and Bill Nemeth will once again provide a half day program dealing with opiates and the increasing problems we see with its' use.

The Annual program is designed to provide you with numerous pearls on the use of new (and old) science to refine your  knowledge and use of the literature. Drs Gene Carragee and Rick Deyo will again join us to report on more recent advances in the Spine, both their own studies and those published by other authors. Jeff Buchalter, an anesthesiologist from the University of Florida, will talk to you about "real" pain management...(as opposed to what some of us have been seeing).

This is only skimming a few of the points about the program. You should soon be getting a brochure about this course in the mail, you may also click HERE to view the brochure, I would encourage you to look at the program and consider coming to Orlando (next to SeaWorld) and thawing out for a few days, while you learn a bit about more recent advances. We have tried hard to provide you with a different type of program this year. I hope you will like what you see and consider joining us for a few days.

Please click HERE to register online.

Dave Randolph
AADEP 23rd Annual Meeting Program Chair

 
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