Page 12 - GP Spring 2019
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How to Approach a Dental Independent Medical Exam


                                            By Joseph DiDonato, III, DDS, MBA, FAGD
        The dental  independent  medical  exam  While doing an IME may appear to be a  in determining  the company’s liability.
        (IME) is used by third parties to discover  matter  of examining  the  claimant  and  The cause is defined as the association of
        the  condition  of individuals  who have  making a determination,  having a plan  one event with another. It is the particular
        made insurance claims, had been involved  and fully understanding the particulars  aspect of an event bringing on the start of a
        in an accident,  worker’s compensation,  of  the  case  can  improve  your  efficiency  new phenomenon. A pre-existing condition
        or  malpractice.  It  is  an  opportunity  for  in arriving at an opinion (Table 1). I start  can be viewed very differently than a new
        a third party to have a dentist provide  by reviewing the questions from the third  event.
        expertise in reviewing records, treatment  party and then review the chart with the
        outcomes and the veracity  of those who  intent to discover where the records can  IME examiners are tasked to report what
        claim to be injured. The IME can be used to  answer the questions. My reports take on  they learn during an IME to the third party.
        investigate a broad spectrum of sometimes  the form of first reviewing the incident that  As  an examiner  if you can recognize  an
        controversial  topics  especially  when it  caused the loss, then I list all the records I  aspect  of science  that  can  shed light  on
        involves a legal challenge.          have been asked to review. Then I highlight  the given case and you can properly make
                                             my remarks about the inadequacies found  a case for it, you should include it in your
        This article will consider cases where third  in the records, particularly  if radiographs  report. Your task is to observe and report
        parties desire a professional opinion after  are missing or non-diagnostic. I ask the  what you can determine.
        an  accident,  which  are  typically  motor  company  providing the IME logistics to
        vehicle or work related. I will discuss how  see if they can remedy the problem with the   It is important to be sure that the event is
        I approach cases and use some examples  radiographs.  Often  it  is an oversight and   indeed what caused the loss. Many people
        where TMJ and soft tissue injuries present  better diagnostic  radiographs are found.   are  walking  around with  dental problems
        diagnostic  challenges.  Lastly, I will  Many times the records are out of order and   or clicking joints and would be willing to
        discuss how I codify  the  IME and score  need to be collated. Record administration   make an insurance claim in order to acquire
        claimant responses to look for instances of  is important since it speeds your   treatment or financial gain. Remember the
        inconsistencies between the medical record  understanding  of the  timeline  in the  case   decision on paying the claim in not up to
        and a claimant’s response, and how these  and helps to prevent  a misinterpretation   you, that is for the insurance company to
        findings can shape an IME opinion.   based on a faulty order in the records. In   decide. They charge you with determining
                                             order to do IME’s in a timely  manner it   the facts about the case as it relates to the
        When first asked to do an IME you should   is essential to manage the records, the   dental condition.
        be careful to evaluate your expertise in the   exam and the production of a report in an
        area of interest. In some cases the answer   efficient  manner.  Grasping  the  essential   Consider this, at the time of an injury the
        could be simple and well within the domain   information  contained  within hundreds   claimant had advanced periodontal disease
        of a general  practitioner. For example,   of pages of medical  and dental  records   and  had been  unaware  of the  condition.
        a patron claims to have broken a tooth   (some handwritten)  requires sorting   During an MVA the claimant  bites down
        at  a  restaurant  and  files  a  claim  with  the   information on the first pass, and making   hard and dislodges a tooth adjacent to an
        management. The patron presented to their   sure to highlight what is considered to be   edentulous space. Was the loss of the tooth
        dentist  with a broken tooth  and a crown   important in the eyes of the examiner.  caused  by the  accident?  Is there  a pre-
        was  recommended.  Now  the  claimant                                     existing condition that can be identified?
        is petitioning  for reimbursement.  The  Having a plan for each case type is beneficial.
        claimant’s dentist has attested that the tooth  For example, in the case of fractured  or   The finding was that this was not a sound,
        was fractured. Should be easy to determine.  lost  teeth in  an  motor  vehicle  accident   healthy tooth. Remember the job of the IME
        Right?                               (MVA), I gather as much information from   investigator is not to determine liability.
                                             the claimant about how the event caused   The task is to interpret the dental history,
        However,  the  forty  plus  pages  of  records   the loss. I then compare the mechanism   make a diagnosis and make an informed
        show that the tooth was decayed, had a large   of the injury with the evidence presented.   opinion on the cause of the condition.
        restoration and the claimant was advised to   In  doing  so,  I  sometimes  find  interesting
        have a crown years ago. Now what? Well,   anomalies, such as a claimant, who while   What to look for in a case: a pattern of
        without  considering  all  the  messy details   sitting in the front passenger seat fractured   submission
        that could be dreamed up, we could simply   the incisal edges of tooth #10 on the right   Often claims present in one of the
        provide a statement of what we do know,   side window during a minor MVA with no   following patterns: poor written records,
        which  is  that  the  tooth  was not  a  sound,   airbag deployment- not just once, but twice   time  discrepancy, or an inconclusive
        natural tooth, but was compromised by   within a few years. Clearly the timeline and   dental  treatment  record.  For example,
        secondary caries. The decision of whether   the similar cause of the injury for these two   this is a pattern I have seen especially
        to indemnify the claim is in the domain of   events  might  raise  an  eyebrow.  How  did   when periodontal disease is a pre-existing
        the insurance company, but the expertise to   this injury occur? How did the claimant’s   condition.  The  claimant  states  the  tooth
        understand the facts of the case is within the   head come to be turned in such way as to   was ‘knocked loose’ at work and they want
        domain of the general practitioner. It is a   strike the window- twice?   an  implant.  Hallmarks  are  no  supporting
        required ability to diagnose decay, read and                              information from a treating dentist on the
        interpret a dental record and understand the  Often  third  parties  are  interested  in   prior dental  condition  (x-rays are usually
        treatment  protocols  for a  fractured  tooth.  determining  the cause of an injury   non-diagnostic), there is a delay in seeking
        And another claim against the restaurant is  and whether there are any pre-existing   treatment (sometimes one to two months)
        dismissed.                           conditions. These are important components   and the attending dentist statement reports
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