Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 96 I

From the Desk of Dr. Mark Studin
Academy of Chiropractic
Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time.

"What the Brightest Legal Minds in the Nation Taught Me...circa 4-2013"

This past week, I was invited to be one of the keynote speakers at the New Jersey Association for Justice. This is the trial lawyers association that is part of the national trial lawyers association. The New Jersey chapter is the largest chapter nationally and I was told it is better attended than the national meeting. I believe this as they attracted over 2000 lawyers for this meeting.


As a result of my being a speaker, they allowed me access to any of the meetings I chose to attend, including their "closed meetings" for members only that are not recorded so that everyone can speak freely. I also want to add that the New Jersey DC's in the group have worked hard and have spent literally $10,000's over the last few years in sponsorships to get me positioned. As a result, our group IS considered the "GO TO" group of doctors for their injured clients.


I have also volunteered my time to the organzation to both speak a few times a year and do medial-legal research and create "white research papers" for them as I have now done twice in the past. This is significant for them as they realize I provide a medical-legal perspective they wouldn't otherwise have with my being a doctor and they are also appreciative because I make sure they know these papers do not take hours to create, but days. The reason this is important is because it keeps us relavent in this partnership where we all have a lot to win based upon the truth.


Back to this past week. I sat through meetings that featured speakers from all over the country and the focus of this "closed meeting" was to discuss what the trial lawyer community calls "DME's," defense medical examinations. They do not call them IME's because they aren't. One of the really cool things this organization is doing is centralizing both cases and reports from various DME's that are notorious for having a one-sided opinion that overlooks the truth and the facts of the case.


In one example, they explained they have over 400 DME (IME) reports from 1 DME doctor working for various carriers. This doctor is an orthopedist and in 100% of the cases, this doctor concluded the same "strain-sprain resolved" as his diagnosis. The organization makes this available to all members and can be used in NJ courts as evidence to the prejudice of this doctor's evaluation. One of the reasons I was brought in to present was to discuss the system I have already shared with you on how to overcome improper IME's. Although these concepts might seem like old news to you, it is on the cutting edge in the medical-legal industry and is a huge problem that the entire medical-legal community needs to resolve. The problem, they only have the law and legal arguments; they do not understand the medicine. Armed with knowledge of practice scope, admissibility and the medical component, WE, as a highly "cross-educated group" in medical-legal issues are literally "light years ahead of anyone else, anywhere, to have the truth prevail.


Think of this from a conceptual perspective. A negative IME limits your payments. A negative IME PRECLUDES a lawyer from getting paid anything. They have a much bigger problem than the treating doctor in terms of the affects of improper IME's and, therefore, need a "real-time" solution to this epidemic nationally.


Beyond DME-IME's, here is a list of other topics I will be writing about in the next few days from what I got from the trial lawyers meeting:


1.  Integrity of your CV

2.  Use of ranges of motion

3.  Degenerative changers

4.  The use of probabilities in narratives

5.  The lack of medical demonstrative proof

6.  Relationships with doctors

7.  Using depositions to learn

8.  Ability to testify

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