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Clinical Care Versus the Legal Claim: How Cityside Keeps Treatment Decisions Independent

Writer: Mark Mulak DC DACBSP DACRB DAIPM RMSK ICSC
Mark Mulak DC DACBSP DACRB DAIPM RMSK ICSC
Oct 3
2 min read

Updated: Oct 7

Personal-injury care exists at the intersection of healthcare, insurance, and law. That makes one principle especially important: the patient’s clinical plan should be based on medical and functional need, not on what would make a claim look stronger.

The clinical record comes first

The purpose of the clinical record is to document the patient’s history, findings, working diagnoses, treatment, progress, referrals, and clinical reasoning. The fact that a record may later be reviewed by an attorney or insurer does not change the clinician’s obligation to document accurately and distinguish patient-reported history from measured findings and professional opinions.

Attorneys do not determine the treatment plan

An attorney may request records, narrative reports, clarification, or an independent opinion within appropriate boundaries. The attorney should not determine treatment frequency, order tests, direct a referral, or decide when the patient is discharged. Those decisions are clinical.

Claim status should not determine duration of care

An open claim is not, by itself, an indication for continued treatment. Likewise, a settlement discussion is not a clinical reason to discharge a patient who still requires appropriate care. Treatment continues or ends based on diagnosis, progress, function, expected benefit, patient preference, and referral needs.

Objective testing should not be ordered solely to strengthen a case

Testing should answer a clinical question. If a test would not reasonably affect diagnosis, management, referral, prognosis, or monitoring, the fact that it could generate additional documentation is not enough reason to order it.

Referral decisions should be clinically driven

Referral to neurology, orthopedics, imaging, rehabilitation, primary care, or another specialty should be based on symptoms and findings. The goal is patient care, not creation of additional medical records for litigation.

Uncertainty should be documented honestly

Not every symptom can be attributed with certainty to a collision. Pre-existing conditions, degenerative findings, prior injuries, delayed presentation, incomplete records, or conflicting information can affect causation and prognosis. A clinically neutral record acknowledges those limitations rather than forcing every finding into a single narrative.

Financial arrangements should not change clinical recommendations

Lien-based care changes when payment is collected, not the standard for recommending treatment. The clinical question remains the same: Is this service reasonable and necessary for the patient’s condition, and is it expected to provide benefit?

Cityside’s goal is to provide detailed documentation without confusing documentation with advocacy. The more clearly clinical decisions can be separated from legal strategy, the more useful the record becomes to everyone who later reviews it.


How this works at Cityside: At Cityside Chiropractic, treatment frequency, testing, referrals, and discharge are clinical decisions made by the treating doctor. Attorneys may request records and reports with the patient's authorization, but they do not direct care. Claim status and settlement timing are not used as reasons to continue or end treatment.


 
 
 

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