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Christopher M. Davis
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is a personal injury attorney, legal commentator and author practicing law in Washington State. 206-727-4000

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11/17/2008
Christopher M. Davis
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Washington State Chiropractor Fined $20,000 for Excessive Treatment to Accident Victims

TACOMA, WA -- The Washington State Court of Appeals for Division Two recently upheld a ruling issued by the Board of Health concerning charges against a Wenatchee chiropractor that he provided excessive treatment to his patients.  The chiropractor, David Wall, was charged with unprofessional conduct after he treated two accident victims more than 400 times in a single year.

The two individuals saw Dr. Wall following a car accident.  They complained of neck and back injuries.  Dr. Wall submitted a claim for payment with the patients' automobile insurance company Farmers Insurance Group.  Dr. Wall submitted bills to Farmers seeking payment for more than 400 visits the two patients received in the year following the accident.

Farmers requested an Independent Medical Exam by another chiropractor.  That chiropractor questioned the necessity or benefits derived from Dr. Wall's frequent treatments, opined that daily treatments likely aggravated discomfort, and pointed out Wall's lack of "objective assessment outcome criteria . . . used to measure . . . improvement." This chiropractor also reported that he had never seen a case requiring daily treatment over a five-month period and noted that he would expect a "difference in treatment frequency" between the two individuals.

Understandably, Farmers filed a complaint with the Washington State Department of Health alleging that Dr. Wall's treatment was excessive and without basis. The Department held a hearing and found that Dr. Wall engaged in unprofessional conduct by performing treatment that was unnecessary.  The Department also found that Dr. Wall had various recordkeeping deficiencies and that he had used an improper x-ray regimen and procedures on both patients.  The Department placed Dr. Wall's license on probation for two years, imposed a $20,000 fine, and ordered him to complete 30 hours of continuing education.  The Court of Appeals upheld the Department's findings and conclusions.

Occasionally my office will encounter a chiropractic physician who engages in aggressive and excessive treatment and billings to one of our clients.  These chiropractors do a disservice to their patients.  It's almost as if the chiropractor's main goal is to milk as much treatment revenue out of the accident victim without any regard to the patient's well being or whether the treatment is even helpful.  Dr. Wall's case is an egregious example of a chiropractor who engages in excessive treatment.  Unfortunately, Dr. Wall's excessive treatment regime probably damaged the patients' personal injury claim as well.  No insurance company will agree to pay for 200 chiropractic visits in one year following an auto accident.  The Department was correct to fine him $20,000 and require that he undergo continuing education.  Dr. Wall's unprofessional conduct is the type of conduct that gives other chiropractors a bad name and it should not be tolerated.

Chris Davis is an accident attorney in Seattle, Washington.  He founded the Davis Law Group, P.S, and specializes in representing victims of auto accidents, wrongful death, child injury claims, and spinal injuries and trauma.  Mr. Davis has been named a Super Lawyer in consecutive years by the legal publication Washington Law & Politics.  Mr. Davis also serves on the Board of Governors for the Washington State Trial Lawyers Association.

Category: Car Accidents



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