Academy of Chiropractic’s Lawyers PI Program 270


From the Desk of :
Mark Studin DC, FASBE (C), DAAPM, DAAMLP

"How Lawyers Spin Your CV and How Jurors See You as a Result"

Some doctors think it a waste to join a state or national organization. Although I am the past president (executive director) of my state organization in New York and feel strongly about membership, this is not a referendum on membership, but how lawyers spin your participation and how jurors view you. 
 
Here is the line of questioning that could occur.
 
Q: Doctor, are you a member of any state or national organization
 
A: No
 
Q: Is it true doctor that organizations produce newsletters and magazines that contain research and what is happening in the profession?
 
A: Yes
 
Q: Does state or national originations report on research findings during the course of the year?
 
A: Yes 
 
Q: Doctor, would it be fair to say that there are over 100 research article published worldwide yearly in your specialty of spine?
 
A: Yes
 
Q: Doctor, would it be fair to say that there are over 1000 research article published worldwide yearly in your specialty of spine?
 
A: Yes
 
Q: Doctor, would it be fair to say that there are over 10,000 research article published worldwide yearly in your specialty of spine?
 
A: Yes
 
Q: Again doctor, are you a member of any state or national organization?
 
A: No
 
Lawyer: No further questions on this issue
 
Next line of questioning (if no continuing education has been taken over 2-3 years):
 
Q: Doctor, have you taken any continuing education over the last 2-3 years?
 
A: No
Q : Doctor, would it be fair to say that there are over 10 continuing education courses yearly in your specialty of chiropractic?
 
A: Yes
 
Q: Doctor, would it be fair to say that there are over 100 continuing education courses yearly in your specialty of chiropractic?
 
A: Yes
 
Q: Doctor, would it be fair to say that there are over 1000 continuing education courses yearly in your specialty of chiropractic?
 
A: Yes
 
Q: Doctor, how many have you taken"
 
A: None
 
Lawyer: No further questions on this issue
 
Next line of questioning
 
Q: Doctor, have you been involved in any community service in your community?
 
A: No
 
Q: Doctor, would it be fair to say that being involved in community service helps the indigent and offers a lifeline to many in need
 
Here the plaintiff's lawyer will object to the line of questioning and the defense lawyer who is now cross examining will offer to the courts that this goes to establish your character as a witness 
 
beyond being an expert. Some judges will allow it, while others will not. 
 
If the judge allows it, then you will have to answer the question and say 
 
A: Yes
 
The lawyer will have no further questions on this subject.
 
In the lawyers conclusion he can say to the jury based upon one, two or all three scenarios: "Ladies and gentleman, the expert you have heard testimony from does not belong to any state or national organizations. As a result, he is insulated from the latest research and standards of the chiropractic community. In addition, he has taken no continuing education, once again limiting his exposure to any new techniques, procedures or research. This doctor, who by his own choice, chooses not to be involved in his community to give back at any level to help those in the most need also chooses not to learn anything beyond the minimum he was taught in professional school in order to pass licensure. I am not minimizing his educational requirements, or the rigors of a professional training, but imagine if every doctor never took advanced training? MRI's would never be used and cancers missed, PET Scan and CAT scans would also never be used and cancers missed. These and many others are technologies that have come to the healthcare community over the last 10-20 years and doctors like this would have no clue about their existence, yet how to order and interpret them as is usual and customary in their field. 
 
Ladies and gentlemen of the jury, although the courts have qualified this doctor as an expert, I question the level of expertise of this expert based upon his/her lack of continuing education."
 
You get to decide...it is all laid out on your curriculum vitae for everyone to see.