We have all learned the importance of obtaining a Qualified Medical Examiner in a desirable specialty before an applicant’s attorney seeks a more liberal panel in chiropractic medicine or other less desirable specialty. However, occasionally, the applicant’s counsel is able to win the draw to the panel and obtain a chiropractic panel. A crafty defense attorney could often succeed in convincing the Medical Director to issue a replacement panel on the basis that the chiropractic specialty was inappropriate - especially in a claim involving surgery and medications.
For a period of time the Medical Director recognized that a chiropractor could not perform surgeries or prescribe medications, and found it inappropriate for the chiropractic QME to evaluate a claim involving surgeries or medication. In such a case, the Medical Director would review a request for a replacement panel along with the accompanying medical records and often state: