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  • 1.  LCP input from treating Physiatrist

    Posted 02-19-2014 15:41
    What do you think?

    Preparing an LCP for a gentleman with a SCI at the request of his attorney. Legal setting of the case is a med mal case being brought against an orthopedic surgeon and the hospital where theattending Physiatrist is employed. Retianing attorney suggests that input into the LCP from the attending Physiatrist be obtained via questions I would provide to the attorney to be posed to the Physiatrist in deposition.

    My thoughts: The depositon atmosphere is a less than ideal climate for a physician to have the time to consider the myriad of questions I typically propose to a physician in either a face to face consult, telephone consult, or in a written questionnaire. On the other hand if it is the only way to obtain treating Physiatrist input into the plan, do our LCP standards of practice warrant a decision to seek the treating Physiatrist input in this less-than-ideal way? Naturally, I can also seek the input from a Consulting Physiatrist.

    Thoughts?

    THanks

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    Jack Bopp
    Rehabilitation Consultant
    rsa@tds.net
    Henniker, NH United States
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  • 2.  RE:LCP input from treating Physiatrist

    Posted 02-19-2014 17:03

    The Standards do not dictate the method to be used, just that data collection and collaboration do occur.  While not ideal or interactive, a depo is a way to gather information. 

    Is the attorney looking to make sure the doc does not change an opinion later by getting it in sworn testimony now? The attorney cannot tell you how to do your work (it is your work) so this may be an opportunity to educate the attorney on LCP Standards of Practice and why they are important.  The defense could certainly criticize your work if you did not have the chance to have 2-way communication yourself with the doc and it was important for getting all necessary information.  However, if it is prohibited or the doc refuses, your file should reflect that and it is the attorney who has to worry about how it affects the outcome of the case.

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    Karen Preston, FIALCP
    Consultant
    RNSPreston@aol.com
    Sacramento, CA United States
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  • 3.  RE:LCP input from treating Physiatrist

    Posted 02-19-2014 20:33
    I would suggest to hire a consulting physiatrist and have him provide input and then have the treating physician review what he or she recommended.  This would take some heat off of the treater during the depo.  Expecting the physiatrist to compelte a form thorough enough during a deposition is dubious at best.   It is also likely a conflict of interest to have the physiatrist comment as well.   This approach is placing too many people in a bad situation with your client likely losing his treating physiatrist at the end of it all. 

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    Reg Gibbs
    President
    rgibbs@rmrehab.com
    Billings, MT United States
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