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.

“The Last Word Matters GREATLY”

The courts have spoken
 “Because I said so” Mark Studin 2018

A New Jersey ruling came down last year stating that whatever Dr. had the last word typically carries the most weight because that Dr. had seen the patient last. I have shared with you previously that New Jersey is THE “bellwether state” nationally and is often the most difficult jurisdiction in the country to thrive in personal injury. If you meet the “New Jersey standard,” then all other 49 states usually become much easier. If you are a New Jersey provider, then take heed and follow this consultation without exception. However, if you are in any of the other 49 states you need to do the same without exception (Because I said so and you will thrive if you do).

The courts ruled that if there is an IME (independent medical examination ordered by the insurance company) or a DME (defense medical examination ordered by the insurance companies lawyer prior to trial) and you have not evaluated your patient after either of those examinations that your examination takes a backseat to theirs. Although we know that defense or insurance examinations are usually (always) inaccurate and fraught with partial truths the courts have made a logical ruling and stated the last word counts the most because of the proximity of the physical examination to date of the trial or settlement.

As a result, the trial lawyers’ association in New Jersey is urging every Dr. to conduct a post-IME/DME examination soon after the one ordered by the carrier or the defense lawyer. This is consistent with what I have been sharing with you through the years and also why you must rebut every single examination that is improper or in accurate.

Another scenario, is when the insurance companies have multiple doctors examining your patient. This type of “ganging up” must be met “in-kind” and might necessitate you referring to patient out for a second opinion other than yourself. For years I recommended that you have a relationship with another Dr. in our program that has been trained and that each of you independently refer to each other for second opinions. This allows you to have your diagnosis, prognosis and treatment plans validated from an independent source, providing the timing is correct based upon the above scenario and will serve your patients well in bringing out the truth.

This is something you should be sharing with the attorneys of your patients and educate them as to what you do as a “matter of practice” to ensure you didn’t miss anything with your patients by requesting a second opinion. This is also why I have engaged Dr. Manoni to be able to write rebuttals for improper or misleading IME/DME’s as he is exceptionally trained in supporting you to get this done.

This is discussed at length in the Testifying Course [CLICK HERE] that you also must take… The legal scholars on personal injury realize this is a tactic that must be dealt with head-on!!




Adjunct Associate Professor of Chiropractic, University of Bridgeport, College of Chiropractic
Adjunct Post Graduate Faculty, Cleveland University-Kansas City, 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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