Did you know there's a specific injury that is missed 35% to 45% of the time in car accident cases and it not only severely damages your patient's injury case but may also be malpractice!
It’s hard to imagine missing this major injury, especially given
the seriousness and high impairment rating by the AMA Guides, yet subtle
factors cause this specific injury being missed or not diagnosed by treating doctors in 35% to 55% of their PI cases.
AMA Guides Rates This Injury at 25% Whole Person Impairment:
Torn Cervical Ligament causes “Alteration Of Motion
Misdiagnosing or missing this injury rated as “severe” by the AMA
Guides, can have dire consequences to the injured and the injury case. Yet it has
happened with more frequency than one would imagine.
Known as “Alteration Of Motion Segment Integrity” (AOMSI), this
severe spinal injury has been routinely misdiagnosed until a recent radiographic
measurement diagnostic procedure.
former Superintendent of Insurance at Allstate, James Mathis, stated
that Colossus assigns a case settlement reserve value of $66,000
for a Diagnosis of AOMSI.
In many cases of vehicular collisions,
including low-speed accidents, G-Forces are sufficient to produce a tear in the
ligament that stabilizes the vertebra thus altering the integrity of cervical
spine and leading to this serious injury, according to AMA Guides, 3rd, 4th, 5th and 6th Editions.
This by itself, is a serious situation, and when overlooked, may
lead to the injured returning to activity that may further injure or damage the
cervical spine. The other factor is that the loss of this diagnosis leads to a
loss of the valuation of the case.
attorney and chiropractor, Steven Eggleston, DC., Esq., Since 35% to 55% of trauma patients
have this injury, it is very likely you have failed to diagnose it many, many
times. By failing to diagnose this injury, you have failed to accurately,
thoroughly and honestly describe your patient's injuries to the claim adjusters
and attorneys, who will use the facts in your patient chart as the basis for
the personal-injury settlement. These people need you, the doctor, to give them
all the facts so a fair settlement can be reached. The jury also needs to
understand whether your patient had this injury in order to decide how much to
award your patient in a trial verdict.
The AMA has taken a position that such injuries could cause
significant, consequential and permanent loss of function leading to a
reduction in a patient's health status. In the 90’s the AMA created the INJURY MODEL
with Diagnostic Related Estimate Categories to represent the evidence-based
data that establishes the preponderance of evidence and meets evidentiary
burdens of proof to win the “Greater Weight” challenges and eliminate varying
opinions among administrators and evaluators in the presence of this injury.
It is commonplace to find that adjusters,
administrators and adjudicators have not
heard of CRMA or AOMSI because the CRMA diagnostic test has not been available until
a few years ago. Most doctors did not even
screen patients for AOMSI prior because it required manual measurements on
x-ray films that carried an error rate of 26% according to research – until
The measurement done according to
the 5th or 6th Edition AMA protocol via CRMA protocol is performed
by computer and is accurate to within 0.01 mm and 0.01 degrees and basically
has negligible error rate.
The AMA Guides state that AOMSI is a rare occurrence without severe trauma.
Given the high amount of
mis-diagnosis of this injury, whenever it is suspect that there is a greater
than 50% reasonable medical probability that the motor vehicle accident could cause
this injury, and in the light that it is
routinely missed 35% to 55% of the time, the doctor should order the
radiographic mensuration analysis procedure.
Make no doubt about it; this
injury should not be taken lightly as determined by AMA.