Academy of Chiropractic Personal Injury & Primary Spine Care Program
Quickie Consult 1035
“The Use of Research in your Narrative”
“Success = Long Days and Sleepless Nights ANONYMOUSLY” Mark Studin 2019
Another item discussed and confirmed while recording with Dan Rosner, Esq., a national expert on testifying and personal injury is the use of research in your narratives.
First, let’s define the various reports:
- E&M: These are your evaluation and re-evaluation reports. They are created specifically for the insurance companies and co-treating doctors.
- Narrative or 4-Corners reports: This is the report created specifically for the lawyer in a bodily injury case.
Note: You will learn the intricacies of a “4-Corners” report when you take the testifying courses.
These are the 2 basic types, and they serve different functions. As for research, they also have different requirements.
In your E&M reports, you should use research as needed for both compliance and reimbursement issues. However, in a Narrative or 4-Corners report, use them VERY sparingly. Most courts in the nation will consider them Hearsay and not allow them in testimony, but if your state allows it as a foundation, it opens you up to significant cross-examination.
First realize that while you are on deposition or trial, all the lawyer and the courts want is YOUR opinion, not that of others. Secondly, BE ADVISED that you are liable to be expert and cross-examined on every word in every research report. I can tell you with a GREAT DEGREE OF CERTAINTY that although I read research extensively, I do not understand every concept, method, discussion, and word in every report I write about. It is too much to digest, and I often have to ask, pick what is most important and then research a myriad of topics before publishing.
I have read Narratives where the doctor uses a dozen or more references, and that doctor had best know EVERY WORD ON EVERY PAGE. Again, do not forget the lawyer only wants YOUR opinion anyway in court. Those types of reports are a very BAD practice.
Do I recommend utilizing research?… YES… but VERY sparingly and be PREPARED by owning every word on every page because that is YOUR NEGATIVE exposure as an expert witness. I strongly suggest discussing using research at all with the plaintiff’s lawyer before writing the narrative report.
Mark Studin DC, FASBE(C), DAAPM, DAAMLP
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
Graduate Medical 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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