Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 1106
Lawyers and Medical 60 L

From the Desk of Dr. Mark Studin
Academy of Chiropractic

Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time. -Mark Studin 2006

"How to Research with Lawyers?"


Dr Studin: What's going on?

Guest doctor: So, as I've been listening to your courses and also reading the consultations, I'm a little confused on how to use the research with the attorneys.

Dr Studin: There are two things. One, have you taken the testifying courses?

Guest Doctor: Not yet.

Dr Studin: There were two of them and we just put out the second one last week,on the second testifying course is all about direct cross and redirect examination, specifically cross examination and we handled them there.

Guest Doctor: The question is: using research to leverage my relationship with the attorneys?

Dr Studin: That's huge because still for settlement purposes and to default motions. Do you know what a motion for summary Judgment is?

Guest Doctor: No.

Dr Studin: The defense lawyer gets a report and it says there's arthritis in the neck. Person's complaining of neck injury in an accident. So what the defense lawyer do is they will send a petition to the courts and the courts means the judge of the case, and they'll put a motion and a motion is a written request of the courts in certain format and they'll put a summary judgment motion to dismiss. Summary Judgment means based upon this fact, I want you the judge to dismiss them, throw this entire case out and the person gets nothing. Now, one reason they'll put a summary judgment to dismiss it is arthritis. And they're saying because there's arthritis, this whole problem was preexisting because there's the degenerate scenario. So what the plaintiff's attorney can do is to defeat that motion. They will take a piece of literature which says that if you have arthritis, then it take less physical force to create more bodily injury and the judge will say, I deny your motion because it's not deep in fact or the facts speak otherwise and I'm ruling in favor of the plaintiff and the case goes on. So your research gives the plaintiff's attorney the ammunition to number one, defeat motions to dismiss. Number two also, when the negotiating settlement, they can say there's a lot of bodily injury and persistent function of laws, but here's research that proves the bodily injury and substantiates that functional loss. So that's the value of research to a lawyer. The fact that your substantiating your opinion with research has less value to the lawyer because the lawyer can't cross examine the authors, they only want your opinion. So with that goes into the ENM and narratives.

Guest Doctor: So that means is I want to give research to the attorneys that they will then be able to use during those negotiating settlements and the summary Judgment hearings.

Dr Studin: Now where do you get the research from?

Guest Doctor: Well, mostly I get it from you and your talks and from my studying.

Dr Studin: You're going to get them from the three books that we published, two books actually and how you use this as you can explain to them, this will help you in settlements and to defeat summary judgments. Now what you do is you want to meet with them. You want to bring a copy of the book, paperclip research articles, which will highlight the significant passages and you tell the lawyer, there's two chapters in the book, I want to review it with you and you teach them this, but then you say, listen, I need to meet with you every month so I could teach you two new concepts. And if you understand everything in this book, you'll never lose an argument on rhetoric ever and you're in an interesting state, Maryland You're in a very good state. But you are in a liberal state, especially for the courts. And liberal is important because the more conservative states side usually with big business is the nature politics. This is not a political statement, it's for a business strategy. So what happens is the courts usually side with the doctor, the patient versus the insurance company. So you have a lot more free way and we've a lot of people in Maryland who are kicking butt in the courts on a consistent basis and it's an easier standard. So the lawyers are actually more anxious to get this literature, they will need it more in a conservative state because they're starting with the carriers more the courts are, but in liberal states it's more readily used and accepted, so you'll get that done. That'll work.

Guest Doctor: So review. So what I want to do is I want to pay for copies of the actual research paper?

Dr Studin: STOP. A third of them are an open access, just go to Google. The ones that you can't get for free, not the abstracts, the whole article. Then you go to Google scholar.

Guest Doctor: So those that can get for free. I get for free. Those that I can’t get I Google scholar and I need to pay for, and then I take that one at one a month or two a month, take that to my attorney.

Dr Studin: Hightlight the article first, then go to the lawyer. Don't sit and try to figure it out while they're in front of you and read through the 12 pages and not know what you're looking at.

Guest Doctor: Go over the high points. Tell them how it's going to help him in those two areas the need negotiating and summary judgements. It's okay to give that as long as I paid for that.

Dr Studin: That's copyright law. You have to buy it. And by the way, the biggest exposure is like if someone emails, If I have emailed it to you We each would be liable for $100,000 statutory fine per incident, statutory find names of course have already decided how much the fines are even before you go to court. So if I send you 10 articles, you're liable to Elsevier. The ones who distributed or whoever else does it for $1 million. So the fines are steep and this is a multibillion dollar information company and they are going after doctors such as bias for $30 or whatever it is.

Guest Doctor: So that's what I don't understand if I purchase it and then give it to an attorney, what's the difference between that and you purchasing it and giving a copy to me?

Dr Studin: I can't distribute them. I'm not emailing him about doing it. I would have to purchase it every time and give it to you each time I purchase it, but I'm not doing that and we don't email transmission and you're not emailing this, you're handing. Again, I'm not a copyright lawyer and I tell everyone that very same line, and I strongly urge you to consult with the copyright lawyer, but it's my understanding of that I buy it I can now give it out. So you're not depriving the author of money. 

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