DPT vs MD: Who Should Provide “Back to Work” Recommendations in Personal Injury Cases?

DPT vs MD: Who Should Provide “Back to Work” Recommendations in Personal Injury Cases?

DPT vs MD: Who Should Provide “Back to Work” Recommendations in Personal Injury Cases?

When it comes to personal injury cases, accurate “back to work” recommendations are critical for determining a plaintiff’s future earning capacity, vocational ability, and overall recovery. These recommendations are often provided by healthcare professionals, but the question arises: who is more qualified to make these recommendations, a Doctor of Physical Therapy (DPT) or a Medical Doctor (MD)? Understanding the distinct roles of these professionals can help attorneys make better decisions in advocating for their clients.
 

Understanding the Roles: DPT vs. MD

Doctor of Physical Therapy (DPT)

A DPT is a healthcare professional specializing in the evaluation, diagnosis, and treatment of movement dysfunctions. They are experts in physical rehabilitation and are highly trained in restoring function following injuries, surgeries, or illnesses.

  • Specialization in Functionality: DPTs focus on how injuries or conditions affect a person’s ability to perform daily tasks, including their job-related physical requirements.
  • Movement & Rehabilitation: DPTs evaluate an individual’s strength, range of motion, endurance, and functional abilities, which are critical in assessing whether a person can return to work, and if so, in what capacity.
  • Work-Specific Evaluations: DPTs can perform Functional Capacity Evaluations (FCEs), which assess whether the patient can meet the physical demands of their job, and they can provide specific guidelines for activity restrictions or modifications.

Medical Doctor (MD)

An MD is a physician trained to diagnose and treat illnesses and injuries. Their education includes a broader understanding of various medical conditions, pharmacology, and surgical procedures. MDs often focus on the medical and systemic aspects of recovery.
  • Diagnosis & Treatment of Conditions: MDs provide a comprehensive diagnosis of the injury or illness, treating underlying medical issues that may contribute to delayed recovery.
  • Holistic Health Considerations: MDs often manage complex conditions that go beyond physical injury, such as chronic pain syndromes, cardiovascular issues, or neurological impairments, all of which may affect return-to-work decisions.
  • Authority in Legal Contexts: MDs often carry significant weight in court settings due to their broad scope of medical knowledge and status in the healthcare field.

DPT vs. MD: Comparing “Back to Work” Recommendations

While both DPTs and MDs can provide “back to work” recommendations, they offer different perspectives based on their training and expertise. Attorneys need to understand these differences to select the most appropriate expert for each case.

1. Focus on Functional Recovery (DPT) vs. Medical Stability (MD)

  • DPTs primarily focus on functional recovery. They assess a client’s physical capabilities and determine whether they can perform job-specific tasks. For example, they might assess whether a construction worker can lift heavy materials again or if an office worker can sit for long periods without aggravating their injury.
  • MDs, on the other hand, focus on the medical stability of the patient. They may clear a patient for work based on the resolution of medical symptoms or successful treatment, without necessarily diving into the physical requirements of the job. While an MD might declare a patient medically stable, they may not have the expertise to determine if the patient is physically capable of performing job-specific tasks.

2. Functional Capacity Evaluations (DPT) vs. Medical Clearances (MD)

  • A DPT is uniquely qualified to perform a Functional Capacity Evaluation (FCE), which provides a detailed analysis of a client’s physical capabilities compared to the demands of their job. These evaluations are essential for determining specific work restrictions and accommodations, ensuring that the client can return to work without risking further injury.
  • MDs typically provide medical clearances for return-to-work, often based on diagnostic tests and the resolution of symptoms. However, they may not evaluate the specific functional limitations the individual faces, particularly if the job requires physical exertion.

3. Depth of Workplace Understanding (DPT) vs. Broader Medical Perspective (MD)

  • DPTs often have a deeper understanding of workplace ergonomics and physical demands, especially when dealing with physically intensive jobs. They can offer recommendations on workplace accommodations, modifications, or alternative job duties to facilitate a safe return to work.
  • MDs, conversely, may provide valuable insights into the overall health of the patient, including co-morbidities or medical complications that a DPT may not address. This broader perspective is essential in cases where the injury interacts with other medical conditions.

When Should You Choose a DPT or MD for “Back to Work” Recommendations?

Understanding the distinction between DPTs and MDs allows personal injury attorneys to choose the right expert for their client’s situation.
  • DPTs should be considered when the primary issue involves physical functionality, such as determining whether a client can perform the specific physical tasks required by their job. They are particularly useful in cases where the injury affects movement, strength, or endurance.
  • MDs are essential when a case involves complex medical issues or multiple injuries that require a holistic view of the patient’s health. MDs are also often required in legal contexts where the court needs a comprehensive understanding of a client’s overall medical condition and recovery.

Conclusion: The Value of Both Perspectives

Both DPTs and MDs provide essential insights in personal injury cases, but their recommendations serve different purposes. DPTs excel at evaluating functional capacity and physical limitations, while MDs offer a broader medical perspective. In many cases, the best approach may be a collaborative effort, where both professionals provide input to ensure a complete and accurate “back to work” recommendation.
Attorneys should assess the nature of the injury, the complexity of the medical condition, and the physical demands of the client’s occupation to decide whether a DPT or MD is the appropriate expert to consult.
By leveraging the specialized skills of both DPTs and MDs, Injury Reporting Consultants can provide comprehensive assessments that help achieve just resolutions in personal injury cases.

 

Dr. Brad Poppie has over 20 years of personal injury experience providing care as a treating doctor, coordinating rehabilitative case management, and expert trial testimony services. If you have a client that you would like to discuss their need for an expert report, please contact me directly at 720-982-2000 or email me at: brad@injuryreportingconsultants.com.

 
 
Does Your Case Truly Support Your Demand Letter Settlement Request?

Does Your Case Truly Support Your Demand Letter Settlement Request?

Drafting a demand letter is an essential step in the process of resolving legal disputes. It serves as a formal request for settlement and outlines your clients’ grievances, the desired outcome, and the consequences if their demands are not met. However, before sending out a demand letter, it’s crucial to evaluate whether your case genuinely substantiates your settlement request.

The cornerstone of any demand letter are the legal claims you are asserting. These claims form the foundation for your settlement request and must be substantiated by credible evidence. There are two primary reasons why insurance companies often don’t take your demand settlement package seriously:

1. Inadequate documentation of diagnosable impairments:  

Having reviewed hundreds of personal injury cases over the years, I’ve observed countless instances where ALL diagnosable impairments are not documented, inadequately documented, or completely disregarded and left unattended.

For instance, in many cases involving clients with multiple trauma injuries resulting from a motor vehicle collision, injuries are often prioritized based on their life-threatening or most severe pain-inducing nature which may cause overshadowing of less apparent impairments. Orthopedic impairments like broken bones, herniated discs, facet injuries, and ligament tears take precedence, while these less-obvious issues, such as short-term memory deficits, decreased attention span, dizziness, blurred vision, and tinnitus, often go undiagnosed and consequently remain undocumented. These signs are often symptoms of post-concussive and mild traumatic brain injuries and when left undocumented, can cause your client’s case to be severely undervalued.

2. Lack of Quantification of Diagnosed Impairments:

Orthopedic and cognitive impairments that are not quantified in terms of their severity and their impact on your clients’ lives are typically inputted into an insurance company’s system to generate a low-ball valuation based on the insurer’s subjective assessment of the impairments’ worth.

It is crucial to quantify how these impairments affect your clients’ daily lives, including their ability to provide for their family, perform activities of daily living, and engage in leisure activities. The most trial-tested, valid, and objectively reliable method to quantify your clients’ impairments is through a Functional Capacity Evaluation to assess physical abilities or a Cognitive Functional Capacity Evaluation to evaluate cognitive deficits and their effects on executive functioning skills, concentration, and attention span.

Before sending out a demand letter and making a settlement request, it is essential to evaluate whether your case comprehensively and quantitatively supports the impairments upon which you base your demands. By taking these two pivotal steps into account, you can significantly enhance the chances of achieving a successful resolution to your dispute.

Dr. Brad Poppie has over 20 years of personal injury experience providing care as a treating doctor, coordinating rehabilitative case management, and expert trial testimony services.  If you have a client that you would like to discuss their need for an expert report, please contact me directly at 720-982-2000 or email me at: brad@injuryreportingconsultants.com.

 
 
Is your demand letter sufficient to avoid trial and get the maximum settlement offer for your client?

Is your demand letter sufficient to avoid trial and get the maximum settlement offer for your client?

The biggest loophole in demand letters resulting in lowball settlement offers is from an inability to justify how your client’s accident affects their daily life. Insurance adjusters love to take advantage of insufficient proof of the daily impact your client’s accident has had on them.

Today, relying on the mechanism of injury, diagnostic tests, and treatment alone is not enough information to warrant the settlement your client deserves. Showing how your client’s accident affects their ability to return to work, continue to work, and functionally perform activities of daily living proves that your client’s injuries are life changing.

The Functional Capacity Evaluation (FCE) is the ONLY trial-tested industry-standard examination that not only showcases your client’s injury but correlates how those injuries impact their daily life. Including a Functional Capacity Evaluation in your demand letter will increase the value of your case and strengthen the documented impact of your client’s injuries allowing insurance adjusters to fully evaluate the severity of the true damages.

The Elements

There are key elements in any effective demand letter that must be listed and defined. Each element provides separate but vital support to your claim. Elements of a powerful personal injury demand letter include:

  • Summary of the facts surrounding the collision
  • Confirmation of the insured’s liability
  • Detailed list of injuries and medical expenses
  • List of out-of-pocket expenses
  • Confirmation of lost wages
  • Functional Capacity Evaluation stating return to work feasibility, vocational concerns, and functional impact on daily life
  • Statement of ongoing pain, suffering, and emotional distress
  • Supporting documents
  • Settlement demand amount

Dr. Brad Poppie has over 20 years of personal injury experience providing care as a treating doctor, coordinating rehabilitative case management, and expert trial testimony services.  If you have a client that you would like to discuss their need for an expert report, please contact me directly at 720-982-2000 or email me at: brad@injuryreportingconsultants.com.

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