MD, DO, DC; When the Credential in the Chart Actually Matters

When you see MD, DO, or DC on a medical record, are you treating them the same? 

Same records request, same assumptions, same process?

In this episode, Linda breaks down what those three credentials actually mean; legally, clinically, and in the context of your case. An MD and a DO carry identical legal weight in California. A DC does not. And the difference between what a license allows and what a provider was actually allowed to do inside a specific institution is where a lot of cases fall apart.

Also in this episode: A licensed chiropractor cleared a 14-year-old with a known heart condition for strenuous activity. 

The child died. 

The jury awarded $29.5 million. MICRA brought it to $250,000. And the question that should have been asked before any of that, whether clearing a cardiac patient for aerobic activity was even within a DC's scope, may never have been on anyone's intake list.

Linda also covers why the credential check you're running may be returning exactly what it was designed to show you, and what the chart is never going to tell you on its own.

If you have a case with a DC, DO, or MD and something isn't sitting right, you already know what to do.

The information provided in this podcast, and any associated materials—including our e-books and templates—is for educational and informational purposes only. 

While we strive to provide the most accurate and current data available at the time of release, science and law are constantly evolving. 

This content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, nor does it constitute legal advice or the establishment of an expert-witness relationship. 

For Attorneys: Always consult with a qualified medical expert regarding the specific facts of your case. For the General Public: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 

Never disregard professional medical advice or delay in seeking it because of something you have heard on this show. 

Reliance on any information provided by Linda Acker, FNP, or Clear Advantage LNC is solely at your own risk.

https://clearadvantagelnc.com/

LindaAckerFNP@ClearAdvantageLNC.com

209-560-6414

Transcript

Introduction

SPEAKER_00 0:01

Hey and welcome back to the Lawyers NP. I'm Linda, the NP, and today we're talking about physicians in general. And I know it seems kind of silly, but a lot of people don't understand that there are different kinds of doctors. This show is for informational purposes only. See our show notes for the full professional disclosure. I want to ask you something real quick. When you see MD, DO, or DC on a medical record, do you treat them all the same? Is that part of your intake process that you see MD, DO, or DC and it's just a blanket doctor? Same records request, same process, same assumptions about what the provider was allowed to do. I'm asking because the answer to that question has a dollar amount attached to it. And I want to show you what that looks like today. In California, an MD and a DAO are the same thing lately. Same certificates, same prescribing rights, same surgical privileges. A DO can run an ICU, specialize in neurosurgery, and do whatever an MD can do. They also train in osteopathic manipulation on top of their medical degree. So if you've been treating a DO like a lesser credential in how you build a case or pick an expert, that's worth reinvestigating. The standard of care is identical. The exposure is the same. Here's the thing about the broad scope though. Broad scope means there are more documents defining what it actually looks like in practice. The license tells you what a provider is allowed to do in the widest possible sense. It doesn't tell you what this provider was authorized to do in this setting, on the state, under this institution's rules. Those are two different things, and the gap between them is where a lot of cases live. An MD or DO working inside a hospital or medical group operates under a layer of documents that narrows the broad scope down considerably. What procedures they're approved for, what they can delegate, and what the institution actually signs off on is really important. Those documents will never be in a medical record. They don't even come with your medical record requests. Most firms don't even know to ask for them. And without them, you're building your picture of what this provider was allowed to do from the least specific document in the stack, the actual license itself. That's like knowing someone has a driver's license and assuming that tells you what they're authorized to drive. Now, a chiropractor, that's the flip side of this. California law spells it out pretty plainly. Chiropractor just isn't a physician. Their scope is specific to spinal and joint manipulation and soft tissue injury. That's it. They can't prescribe, they can't do surgery, they can't diagnose or treat things that fall outside of that musculoskeletal lane. So when a chiropractor shows up in your case and what happened in that room wasn't manipulation, the question isn't whether that care was good or bad. The question is whether they're allowed to do it at all. When did your intake last ask that question? Drost vs. Sheridan, California, 2025. A licensed chiropractor did a physical exam and cleared a 14-year-old boy for strenuous training. The kid had a known heart condition. He went into cardiac arrest shortly after his program with the activity started. He died. The family's argument was straightforward. Clearing a kid with a cardiac history for aerobic activity is not chiropractic. That's medicine. Specifically, that's pediatric cardiology. And a DC license doesn't cover that. The jury came back with $29.5 million. Of course, the chiropractor appealed under micra. 29.5 turned into $250,000. A 14-year-old died. Someone worked that case for years. Same cap that gutted Lopez gutted this one. The court said that because he was technically acting as a healthcare provider, even doing something completely outside his license, Micro applied. The document held. What I keep thinking about is what that case looked like before discovery even started. Whether anyone sat down and asked what this provider's license actually covered. Whether that question was even on a list to be asked. Here's something that happens in this industry all the time that most people in the legal field don't even know about. A provider can walk into your case with a perfectly clean record, and that record can be completely clean, not because they have a clean history, but because of the way the reporting system is set up and the gaps inside it. There's a way this plays out, legally, quietly, where the people who know what you need to know are in a position where they're not going to tell you. And the check you're running will come back exactly the way it was designed to come back. What it was designed to show you and what's actually there are not always the same thing. Real quick, because this matters if you're working California cases, the cap that took Dross and Lopez down to 250,000 isn't the same cap anymore. California updated micra. The numbers are higher now. They're tiered by case type, and depending on how many defendants you have, they can stack. If your strategy or your client conversations are built around the old numbers, the math's changed. Look, the type of provider in a chart tells you what they're allowed to do, what standard they were held to, what documentation should exist, and who can go up against them in court. And there are things about that provider's history that the records you pulled are never going to show you. Not because anything was hidden, but because of how the system is built. Reading the chart is one thing. Knowing what the chart is never gonna tell you, that's something else. If you've got a DC, a DO, or an MD case and something just isn't sitting right with you, you know where to find me. DM or email. Link in the show notes. As we wrap up today's episode, I want to talk about something every law firm is short on. Time. I talk to attorneys every week who are frustrated by standard chronology send-out services. They're slow, they're expensive, and honestly, they often miss the subtle clinical nuances that win cases. If you're ready to streamline your record review process, email me at lyndaackerfnp at clearadvantagelnc.com and let's connect. Alright, you stay. So here's what I'll say. The credential check you're running is built on what was reported. And there is a way used all the time, and it's completely legal. For the most important thing about a provider never gets reported at all. 29.5 million became 250,000. Email me before your next case. And as always, if there's something you want me to get into, you know where to find me. The more specific your situation, the more I can actually help. Until next time, stay medical legal ready.