Academy of Chiropractic’s Lawyers PI Program
Lawyers Meetings #13
From the Desk of :
Mark Studin DC, FASBE (C), DAAPM, DAAMLP
Magic Language "Colossus to the Courtroom"
NEW DOCTORS TO THE PROGRAM:
I am having you read this consultation first so that you understand what the end game is and what you need to accomplish in your journey of enlightenment. It will help you position your thoughts as you begin your journey in reading the consultations and building an admissible infrastructure.
There are virtually ZERO doctors in the country doing what I teach you to do. Very few know about it and even less actually do it as too many of you simply do not follow the plan (because you need to be slapped around a bit to get your head on straight). In the last few months, I have lectured to 1000's of lawyers and have spoken to many, many others around the nation explaining our "Colossus to the Courtroom" program. The lawyers want it...NOW! The only problem is that most don't understand what it is they need, only they want it. Your job, once I enlighten you...Is to enlighten them.
This program is so powerful, the lawyers will understand it is in their best interest to readily bypass the medical specialists and consider the "Colossus to the Courtroom" trained chiropractors as THE "first-line of referrals" to coordinate all care and be the "quarterbacks" of their personal injury cases. This program has made almost every other chiropractor non-relevant as a referral option for the lawyer. It removes any "favors" typically used as bait in the industry, such as theatre tickets, ball games, etc., or those few VERY unscrupulous doctors offering bribes (that is not in our world, but does exist). Once an attorney learns the power of what you possess in knowledge, positioning, documentation, business policies and credentials, he/she will realize he/she stands to add tremendous value to his/her cases by having a direct and immediate relationship with you in an ethical and honest affiliation.
The #1 complaint I get from doctors is, "How do I get the lawyers to understand what I do?" This consultation is centered on that "magic language" and scripting so that you can communicate these concepts so they first want to hear it and then... so they "get it."
Magic words are hollow and will be counterproductive (destroy the relationship) if you do not have the credentials and knowledge base that can be formally documented on an admissible curriculum vitae (CV as created on the US Chiropractic Directory). Each section of your CV must be "robust" and meaningful with the following 6 courses as what I consider the core of your personal injury credentials. Whether you take the courses through my portal or others, it doesn't matter as long as you have these credentials that make you as close to "bulletproof" as you can be as an expert.
1. PI Bootcamp
2. MRI Spine Interpretation
3. Impairment Rating
4. Accident Reconstruction
5. Spinal Biomechanical Engineering
6. Documentation Certification (Formal Colossus Training)
Unless a lawyer understands that you are credentialed for most personal injury related bodily injuries, he/she CANNOT feel safe working exclusively with you...and WON'T! You also MUST understand, not just know, but viscerally understand, every section in the narrative portion of the consultations. Lawyers must also realize that you are well credentialed as an expert and can withstand an expert hearing (Daubert, Voir Dire or Frye) to be able to testify although you will rarely, if ever have to. Remember, lawyers will not start with you if they do not feel they can finish with you.
Most doctors who understand the Colossus component mistakenly think that it is the answer for the lawyers. Although it is a big piece of the puzzle, it relates back to the adage "garbage in, garbage out," where many misconceptions about the bodily injuries end up memorialized incorrectly in the documentation. These inaccuracies often "bite the lawyer in the ass" in settlement hearings or in court and often irreversibly destroy relationships with lawyers (my experience). Currently, there are numerous neurologists, neurosurgeons and neuroradiologists reaching out to "our certified doctors" to learn the current standards and nomenclature. When not only the lawyers, but the medical specialists run after you, it's game over...you win!!!
In addition, you must have your business systems in place regarding liens and/or letters of protection. You cannot be a "wild-card" to the lawyer and have him/her expect a confrontational relationship with every case settled. Follow the plan in the consultations. It is critical and will make you LOTS of money with no stress in maintaining ethical relationships.
Testifying is another significant issue with the lawyer. He/she has to understand your policies and that he/she can "ride you like Seabiscuit" all the way to the courtroom with no barriers, financial or credential related. This component is handled at length in the consultations and should be fully understood with you having no fear about testifying, as I will help guide you through the process.
Lastly, I want to introduce you, if you haven't seen it before, to the "Personal Injury Symphony." Our new patient intake forms and recommendations, evaluations, re-evaluations, SOAP notes and narratives will all be synchronized so that the entire process flows with ease. Every component of your documentation will meet all of the above requirements so that the lawyer can take you from "Colossus to the Courtroom" and you do not have to be confused or stressed over missing a vital component.
First, the Symphony has 2 components, the first is the preparation and secondly are the steps to get lawyers to run after you. EVERYONE wants to start at the second step and get the new cases RIGHT NOW. ME TOO!!! However, this falls into the adage, "If I fail to plan, I plan to fail!!!!" In another consultation, there will be a "wheel" graphically explaining the components required to getting the lawyers to run after you. For now, you must focus on the preparation and the "Magic Language" below is the final step of the preparation, and the first step, or "Bridge" to getting the lawyer to run after you.
Each of the 7 steps must be symphony approved steps taking you from "Colossus to the Courtroom."
This is to be done AFTER you get the lawyer to talk about his/her practice and life...Small talk first about THEM!!!
To get the lawyer to WANT to listen to you, it is suggested you open with this language:
Settlement offers of $20,000, $30,000, $40,000 on soft tissue cases 10 years ago have gone to $2,000, $3,000, $4,000 today.
I work with national strategists, trial lawyer associations and carrier’s representatives who have formulated solutions for your clients to realize fair and equitable settlements in today’s marketplace.
This is not how to defeat the carriers, it is about how to work within the carrier’s requirements resulting in fair settlement offers. I am in possession of the algorithms the carriers utilize to value your claims as this will also resolves your issues on the witness stand should you need to get there.
If you have about 10 minutes, I can explain to you how.
The next 10 minutes ... discuss each of the following points:
and... Bring a "cheat sheet" with you as this is too much to remeber and do not give them a copy of it!!!!
"Unfortunately this is going to sound a bit like a commercial, but there are so many facets I want to ensure I miss nothing."
1. My primary focus is on creating an accurate diagnosis, prognosis and treatment plan, while clinically correlating causality, bodily injury and persistent functional loss when present. However, I understand what needs to be documented in order to support the both the needs of the courts and the carriers simultanously. After I have done explaining all of this to you, I will be showig you a sample narrative so you can see how I tie everything together.
2. In settlement offers, the value of the case is broken up into 4 components:
25% Neurological Damage inclusive of disc injuries such as herniations
25% Impairment Rating
25% Duties Under Duress (What your client can still do, but is limited)
25% Loss of Enjoyment of Life (Persistent Functional Loss After Care Has Concluded)
3. I have spent a significant amount of time acquiring post-doctoral training, certifications and credentials in MRI, accident reconstruction, spinal biomechanical engineering, impairment ratings and triaging the injured in an evidence-based environment. This means that all of my training is backed by current research in both the the scientific literature and acdemic communities, which I can share with you and your staff at any time. I am also dually credentialed by both chiropractic and medical academia and my certifications have been accepted by courts nationwide where those credentials have routinely survived expert challenges. Please review my curriculum vitae [hand it to them] for verification. Although my training and credentials qualify me as an expert, I routinely collaborate with various medical specialists on most of my cases.
4. As I said, I work with national strategists in conjunction with trial lawyers associations and carrier representatives. As a result I understand the specific language in diagnosing and prognosing that is required to allow the carriers computer systems (i.e. Colossus and other similar programs) to fairly value the injuries of the case. There are virtually no medical specialists that either have the knowledge or take the time to document the required elements, yet I understand the need to use the medical specialists (as clinically indicated) in order to have some of these elements be accepted. Something as simple as prognosing static MMI is required to allow an offer to move beyond the lowest value. There are over 1100 items that must be considered and I consider most each time I write a narrative. Something as simple as documenting a home exercise program, where a client/patient walks every day to reduce the pain, adds value to the case.
5. If the MRI is positive, I have you covered with my training inclusive of both medical and chiropractic academia credentials. I also understand that according to research and my experience that general radiologists have a 42% error rate in reporting disc injuries. This is not my opinion, simply the research conclusions. Therefore, I will be collaborating with the radiologists based on my training to ensure we miss nothing and amend reports to reflect the injuries present.
6. If the MRI is negative, in over 70% of the whiplash cases ligamentous laxity has been found and has a high impairment rating (similar to an amputated leg) according to the American Medical Association. This carries a 25% whole person impairment and is worth 25% of the value of your offer. Most lawyers do not want or understand the value of impairment ratings and by not using a rating will automatically reduce the value of your offer by 25%. I am credentialed in impairment rating and can explain how to use the impairment rating in your arguments and demand letters.
7. Functional losses are critical in most courts, however Colossus requires that it be broken down into both permanencies and limitations and how they affects the person's life. This is worth upwards of 50% of the value of your offer. I spend a considerable amount time on this subject with my patients and document accordingly. This is an often overlooked area that we take very seriously.
8. My team of medical specialists, including neurologists, orthopedic surgeons, neurosurgeons, neuroradiologists, and anesthesiologist are always available for both triage and consultation and are never further than a phone call away from me. As a result of my coordinating the care of my patients, I get copies of the specialists' records which I will forward to you at no cost, saving you and your staff significant time and resources. I will also work with my patients to ensure they get to those consultations.
9. As for my business policies, I do not charge my patients to testify, either in deposition or at trial as long as I have treated them for 1 month. I understand it is my time, but I am not a professional witness and I stand up for my patients when needed. I earn my living by treating patients, not going to court. Regarding settlements, I accept no more than 1/3 of the settlement if I have a lien or letter of protection with you. I realize that you have to be compensated for your time and the patient must also be compensated for his/her pain, suffering and any future care that may be necessary. I am a team player and will happily work with you.
10. One thing I both enjoy doing and am very good at is second opinions and triaging cases. I call that a plaintiff IME. If you have any cases you want me to review, it would be my pleasure to review cases at no cost and I will give you a handwritten note on what you have and what might be needed to conclude the documentation required. In addition, I will tell you if there is nothing and perhaps suggest you pass on the case, saving you time and resources for non-fruitful cases. If you require a formal report and examination, I also lien these type of cases, if necessary, and charge $XXX. (As a note, I charge $500. You should pick a number you feel is appropriate.)
11. Regarding defense IME's, I have undergone training to rebut and potentially overturn improper IME and peer review reports. My understanding of the system, backed up with my credentials, have allowed me to be very successful in this arena and I welcome supporting any of your clients as necessary.
12. Lastly, I am part of a national medical-legal research organization and I am privileged to have access to over 100 research articles explained in simple terms regarding the latest scientific evidence related to your clients injuries. This will prevent you from losing cases on rhetoric. I brought a book for you as a gift that has 101 of the topics. I have dozens of other topics that have not yet been published and will happily share them with you. I will also be happy to teach these to you and your staff preventing you from losing cases on pure rhetoric. Some of topics include: arthritis causes GREATER bodily injury and how to determine if a herniated disc is pre-existing. (go to www.lulu.com and type in "Studin" in the look-up area to find the book. I had to pay the same thing as you to buy my own book)
What I want to leave you with is that I am one of the only doctors locally and nationally who can manage your case meeting the needs of carriers with "Colossus type" requirements to being qualified as expert for the courtroom with my credentials. This, along with my business policies ensures very little exposure to both you and your clients.
I understand this is quite a bit of information and I am leaving with you my CV for your records and welcome educating you and your staff at anytime. The fee is a cup of coffee and perhaps a doughnut. I also brought a sample narrative to review with you. I can't leave this with you, but it will give you a chance to see how I document and why.
Without reading the consultations, having the requisite credentials and knowledge base, you stand the chance of becoming a forever "1 and done" if you decide to take shortcuts. Be the "real deal and WIN!!!!!