Lawsuits Slow Whiplash Cure, Study Finds
Looking for a faster cure for accident-related whiplash injuries? A study in today’s New England Journal of Medicine says the solution is to eliminate the right to sue for pain and suffering.
An examination of whiplash injuries in Saskatchewan before and after the Canadian province converted to a no-fault insurance system on Jan. 1, 1995, found that accident victims take longer to recover when they can go to court to sue for damages.
The study found that under no-fault, sufferers fared better because they had access to medical care and compensation for lost income without having to prove their injuries. In trying to substantiate their injuries, sufferers may delay recovery as they encounter conflicting medical opinions, consult lawyers and try unsuccessful treatments, the study found.
The study did not include people whose injuries kept them in the hospital for more than two days.
“We conclude that the type of insurance system has a profound effect on the frequency and duration of whiplash claims and that claimants recover faster if compensation for pain and suffering is not available,” said the team led by chiropractor J. David Cassidy of the University of Alberta in Edmonton, Canada.
The Saskatchewan health care system provided full medical coverage and better payments for lost income. Lawsuits were permitted only if lost wages or medical costs exceeded a standard benefit.
The law was changed in the wake of research showing that minimal treatment, plenty of reassurance and some simple exercises performed at home are the best treatment for whiplash.
Cassidy and his colleagues looked at the speed with which whiplash claims against the insurance system were resolved during the six months before the no-fault system was put in place and one year after.
“Overall, there was a 54% decrease in the time to closure during the no-fault period,” the researchers concluded. The number of claims for whiplash also dropped 28%.
“In the course of proving that their pain is real, claimants may encounter conflicting medical opinions, unsuccessful therapies, and legal advice to document their suffering and disability,” the researchers said.
Accident victims who initially saw a doctor or no one at all got better faster, according to the Cassidy team. People who initially visited a chiropractor, physical therapist or a lawyer took longer to recover.
