Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 600
Infrastructure 141 I

From the Desk of Dr. Mark Studin
Academy of Chiropractic
Preamble: many of these issues I bring are 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 focus on the larger issues… a larger, more profitable practice along with more family time. 

“Just Plain Stupid”

 
 
A lesson in destroying a relationship with lawyers

 
I did a conference call with a doctor last week and a law firm that he works with regularly. In short, the law firm's attorneys were great referrers and they are pissed. The doctor asked me to consult with the law firm based upon amotion limini filed against the doctor.

motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.

 
The opposing counsel representing the insurance company filed a motion to prevent the treating doctor from testifying requesting that his entire opinion be stricken from the record, including preventing his reports from being utilized at any level. Why? Because his CV didn’t have the right credentials.

 
Now…here is the really, really...REALLY sick part. The doctor took all of the courses required to overcome the motion limini. He took the PI Bootcamp, MRI Spine Interpretation, Spinal Biomechanical Engineering, Accident Reconstruction, etc…AND…this doctor has a preferred listing on the US Chiropractic Directory. 

 
BUT… THE DOCTOR NEVER POSTED THE COURSES IN THE CV SECTION (THAT IS FREE TO DO)!!!!!!

 
And…The defense researched his name on Google. We did our job by getting him listed relatively high on the search engines, so the defense found him and his credentials with ease. He did list some of his basic credentials, but never went back after completing any of the courses to enter them. Therefore, he has no credentials according to the courts at this point. The lawyers who represent the injured client now have to get that overturned in court, a seemingly simply process…but it is not. A sentiment STRONGLY shared with me by the lawyers who told me it is now an expensive and very time consuming process. In addition, they also said that regardless of the facts, the judge can rule any way he/she chooses and instead of going on the offensive and stating the facts of the credentials, they have to prove beyond a shadow of a doubt this doctor really is credentialed. 

 
This is similar to one of my doctors from years ago who thought he was being cute and signed his name a different way every time on each HCFA. The carriers denied 100% of his claims in our office. It took a lawyer 6 months and cost me $25,000 in legal fees to prove no fraud was involved and to eventually get paid. AND...the lawyer said we got lucky because the judge could have sided with the arguments of the carriers and we could have easily lost and then gotten “saddled” with more legal fees. One never knows how the courts will react to a given set of facts with 2 opposing arguments. 

 
Needless to say, these lawyers who I spent an hour on the phone with will NEVER work with this doctor again and I promise they will share this story with their colleagues in the courts. Trial lawyers SHARE stories on experts with ALL of their friends. I know that factually having lectured at so many trial lawyer organizations. 

 
The moral of the story…get your credentials and quickly add them to your CV posted on the US Chiropractic Directory. If you don’t, be prepared to potentially screw a lawyer while concurrently screwing yourself. 


Respectfully,



Mark Studin DC, FASBE(C), DAAPM, DAAMLP

Adjunct Assistant Professor of Chiropractic, University of Bridgeport, College of Chiropractic
Adjunct Professor, Division of Clinical Sciences, Texas Chiropractic College
Educational Presenter, Accreditation Council for Continuing Medical Education Joint Partnership with the State University of New York at Buffalo, School of Medicine and Biomedical Sciences

Academy of Chiropractic
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