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Shaw Chiropractic
A Medical-Legal Newsletter for Personal
Injury Attorneys
by Dr. Steven W. Shaw
AMA Impairment
Guides: 5th Edition, Part 1
They're finally here!!! The 5th edition
of the AMA Guides to the Evaluation of
Permanent Impairment has been released
for distribution. Those of us who have
had our orders in since the scheduled
release in October of 1999 were among
the first to receive the new guides. The
new book is nearly twice the size of the
1994 released 4th edition (339p v. 613
p) and has added more in depth detail
regarding it=s application. In this first
of three (or more) newsletters on the
Guides I will review what I believe are
some interesting changes which you will
need to know to effectively use the Guides
with your client's files.
From my first reading of the guides,
what strikes me most is the flexibility
given to the examining physician when
determining impairment. Prior editions
were somewhat rigid while this one allows
for significant physician subjectivity.
Interesting statements such as "Evaluating
physicians may use their clinical judgement,
however, and comment on any significant
age or gender effect for a particular
individual" and AThe physician should
use clinical judgement regarding normal
structure and function and estimate what
is normal for the individual based upon
the physicians knowledge or estimate of
the individual's preinjury or preillness
conditions are examples of the new approach.
Further evidence of this change in philosophy
is the change from specific DRE impairments
to DRE ranges of impairments. For example,
a DRE Category II in the cervical spine
was an absolute 5% in the 4th edition.
The 5th edition gives the physician a
range to choose from of 5%-8%. The input
based upon the physician=s clinical experience
makes this new edition more of a guide
than a regulation. It also allows for
more realistic determinations of impairment
given the intangibles which make for the
art of a clinical practice.
You may be thinking that this philosophy
change may result in larger impairments
from physicians but other aspects of the
guides are more confining. The guides
are full of clinical examples of how impairments
should be performed. These examples appear
to be quite conservative and if taken
in the wrong context may lead toward inappropriately
small impairments. For example, the guides
demonstrate a 0% impairment of a 37 year
old subject with intermittent neck pain
with full ranges of motion but pain on
extremes. No value is given for tenderness
or for the diagnosis of a intermittent
cervical strain. At casual reading this
may sound like the standard cervical connective
tissue injury. However, post-traumatic
patients generally have functional limitations
in ranges of motion and often have a sprain
component to the injury. Also, if you
added muscle guarding and/or spasm or
non-verifiable radicular complaints with
a specific injury history and findings
the patient would have been rated between
5% and 8%. Your impairment rating physicians
should be aware of this subtlety and be
prepared to address any challenges to
their opinions.
Another interesting point which has been
controversial in prior editions but cleared
up in this edition is that of who is qualified
to use the guides and who should perform
impairment evaluations. The 5th edition
is clear that impairments should be performed
only by a licenced physician. In Connecticut,
physicians include doctors holding the
title of MD, DO, DC and ND. This eliminates
any concerns about the chiropractic physician
using the AMA Guides and testifying using
the guides as a reference. The guides
also point out that data arrived from
other health care practitioners such as
audiologists, occupational therapists
and physical therapists can be considered
as useful information but that only the
licenced physician should use the data
and relate it to permanent impairment.
I find it ironic that health care professionals
such as occupational therapists and physical
therapists are barred from doing impairment
determinations since they are specifically
trained to assess functional capacity,
ADLs and work tolerances. However, the
guides are specific in their opinion on
this topic and you should be aware of
it. You should also know that the AMA
Guides are not authoritative and a physician
or other health practitioner may choose
to use some other form of impairment rating
evaluation system.
In the next several issues I will review
the concepts of Whole Person vs. Regional
Impairments, DRE vs. ROM impairments,
ratings based upon Pain, use of inclinometers,
report preparation, motion segment integrity
impairments, radiculopathy and disc injuries,
the DRE category system. If you have any
questions or recommendations for topics
to be covered email me at Dr.Shaw@shawchiropractic.com
or call 800-232-6824. Also, visit our
new web site at www.shawchiropractic.com
and offer us some input
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