Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Illusion of a 'Second Opinion'

BY Michael D'Amico
February 29, 2016

Creating the illusion of an independent “second opinion,” insurance companies involved in personal injury lawsuits frequently contract with vendors to provide “records reviews,” “peer reviews” or “paper reviews.” No matter what name they are called, our experience has been that the conclusion of records reviews is almost always some combination of: 1) the plaintiff was treated for an unreasonable length of time; 2) his or her injuries are less severe than claimed or unrelated entirely to the accident; and 3) the medical bills are unnecessary, unreasonable or not related to the accident. In other words, they are far from objective. This is not surprising, since the records review industry has a strong financial incentive to provide reports favorable to insurers.

Although a truly independent review could be useful in some cases, the common practice of almost every major insurance company in the country is to repeatedly procure slanted reports, which is unfair to policyholders and other plaintiffs and causes a large number of cases to go to trial unnecessarily. This practice should be examined more closely by lawyers and the courts.

The Records Review Business

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.