Academy of Chiropractic Personal Injury & Primary Spine Care Program

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From the Desk of Dr. Mark Studin
Academy of Chiropractic
Preamble: many of these issues are small, yet each issue is just that… an issue. If you take care of the small issues, then the larger issues often take care of themselves and you can focus on the larger issues… a larger, more profitable practice and more family time.

“Another Missed Opportunity”

It should have been avoided!!!!
 
“I have time for anything I want… if I want it bad enough” Mark Studin 2017

 

I just received my “umpteenth” call from a doctor who had me review their credentials to see if the lawyer could get him conferred as an expert on a challenging case. The doctor identified numerous defects in the various MD’s and hospital reports and is poised to save the case for the lawyer. The only issue, will his opinion be allowed in his courtroom testimony that is scheduled for next week. 

I reviewed his CV that was appropriately placed on the US Chiropractic Directory, but this doctor, after 5 years in the program has only taken a few courses. The reasons aren’t important, germane or an issue for the courts. The hard fact is his CV is what it is and the courts do not care about why he hasn’t taken more courses. 

Please refer back to Voir Dire, Frye or Daubert to better understand the legal requirements for expert.
Right now, this doctor ability to testify is at the discretion of the judge and how good the defense lawyer is in barring his testimony. There is a good chance the judge will NOT allow him to testify and then the lawyer, no matter how good the narrative report is and no matter how good he understands how to save the case, will LOSE because this doctor did not take the courses needed to be “bulletproof” on the witness stand and be accepted as an expert. 

In the end, IF… the lawyer loses because the doctor is barred from testifying, then the lawyer will FOREVER badmouth this doctor vs. praising him to his colleagues for winning an unwinnable case based upon poor records of other MD’s in the community. The lawyer will not blame the other MD’s for their crappy records, he will blame this doctor for not living up to the rhetoric about how he can save cases and should be the “first referral option” (primary spine care provider). 

Do not get caught in the same situation. We all live in small communities no matter the population because everyone is intertwined in your neighborhood. Take the 10 recommended courses as a start. 

There is no substitute for the 6 P’s!!!! and after losing a case for the lawyer, you will rarely get a second chance.
 
 

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
 

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