Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 1144
Testifying 20 T

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

"What my credentials did for me in Court"


Dr Studin: I'm on with Dr Josh Johnson from Denver, Colorado. Good morning. You testified yesterday, but could you give us a one minute thumbnail of what the bodily injuries were with your patient?

Guest Doctor: this one was actually an PIME specifically. The main concern for the plaintiff was accident reconstruction, they had a big accident reconstruction firm in town and then they also utilized a medical doctor on the defense side as well. It's just for their typical protocol, and they brought me in because they had, I'll just say a regular chiropractor who did the treatment and there were just enough problems with the case that they wanted me to wrap it up and give them a solid second opinion, especially due to the low certain nature of the crash. Low damage.

Dr Studin: Now just about your credentials, Josh, you're a trauma team member, you sat with Dr Peiser on the 30 hour a mini fellowship and MRI spine, and did you do the a engineering course.

Guest Doctor: Absolutely.

Dr Studin: so you did the 30 hours as well?

Guest Doctor: Correct.

Dr Studin: So, you kind of know what you're talking about. what is the defense tried to get you on?

Guest Doctor: The defense really tries to get; I think a group of trauma trained doctors. This is really the salts. Second time now they went deep, I had a four-hour deposition a couple of months ago. The yesterday, one went three hours and then in the first depo, two hours was spent on my CV and yesterday an hour and a half was spent on my CV every detail, and talking about individual courses and what they're trying to do. I think their tactic is they're trying to give this perception that since it's online, it has less value. So, there's just a tremendous amount of questioning about exact percentages of are the classes done in person online? Where, how much time, how has it credentials, all of that stuff. It's a noxious, but that's, that's the tactic I'm seeing in Colorado.

Dr Studin: All right. Or at least in this case with that one particular lawyer. so that's where they're trying to poke holes, cause obviously you're dangerous to them. They're not going after your knowledge base. They're trying to get you knocked out at the wad level by saying, I'm not really a qualified expert and you bring up with them the amount of examinations you took?

Guest Doctor: Yes. I forgot to talk about that the first time, just cause every instance is unique. But yesterday I had kind of planned on that. So I just tried to give a real quick thumbnail of these are the courses I had to take pre-test, then was trained on a lot of these courses involved phone calls with the professors and I had to take posttests with at least an 80% pass rates. So that was my basic pitch.

Dr Studin: Well, just in truth.

Guest Doctor: It was the first time where, they always have an angle. You have to give these insurance guys credit. So, yesterday the guy really wanted to try to give an impression that somehow it was weird that I had talked to, for instance, Patrick, during the HTR crash course on simply because I had a conversation with him on the phone, but he's my teacher. Wouldn't anyone talk to a teacher but don't go to just unbelievably any link to give any sense of and propriety. It's really amazing.

Dr Studin: I can't believe he actually went there by giving you a chance to say, to validate of course by saying he's my teacher, so I called them, now was the plaintiff's attorney happy with your testimony?

Guest Doctor: Yeah, he was thrilled last night. There was just an event in Denver last night for surgeons, MDs, DCs and attorneys and I saw him again there last night, he was very pleased with the results, now they're going to work on all the legal stuff behind the scenes. So now basically plaintiff attorney is trying to struck out their accident engineer. Of course, their guy is trying to strike my stuff out now. It's just all this behind the scenes legal Mumbo jumbo. And we'll see what happens. But the big thing that I would suggest to people, and I'd planned on this several months ago, I think you had maybe had mentioned it, but now it is an issue is several months ago I started saving, not all of them, but I tried to go through as many of the credentials as possible and save pdf files in a digital folder. And then yesterday, the very last thing this guy did and the only reason I talked to several attorneys, they think he just must've been frustrated and he's really trying to keep all of my opinions out, because I destroyed the accident engineer, which I should tell you about in a real quick one minute blip, but basically the end of the deposition was he demanded slash absolutely wanted, the individual certificate of basically every entry on my CV. He was implying that I should have like be fricking sign in sheets of these courses. And he was going down this path of how do I know that you went to any of these courses at all? And I was like, you can call this school, I put it on the CV only because it's true. I have some certificates, but I can't go back seven years and prove to you every single course on my CV I attended. So that was how we left the conversation is pretty unique, but I might charge them $500 an hour, that’s my depo fee to download certificates then.

Dr Studin: the other thing that you should know for the future is that the academy a chiropractic who administers all of these things, keeps computer logs of how long I was on each course. So, there are actual computer logs of how long I was on the course, and then I have to take a post exam of 80% or better to show that I'm competent in the material. So there's two levels of verification. One that I was there, number two, that I achieved the goals of that course, the objectives were met.

Guest Doctor: That might be a good idea just because that can become an ordeal. Of course, once you're trauma train, maybe doing the fellowships, you're arguably have, I don't know what hundred and maybe hundreds of entries and if at some point in five years people are asked to do that, they could have days of work ahead of them. So it could be worth putting some time in and doing it now. And the one thing I would just say to the community, but the real quick rundown, because I basically came in to do the accident reconstruction on the other side of course, because it was low damage, all they had was a few photos of the vehicle. They had a repair estimate of the target vehicle. So my plan was to go in and attack them very simply on approximations, assumptions, and all of the various.

Dr Studin: here's once that assumption as the word, they had a repair estimate, not the actual repairs that were done. The estimate is not good. A picture of the skin of the car doesn't show the under structure of the car. So all of these things are guess, it's typical and it's funny that pat son, DNI who's the accident engineer, just at a program last Thursday in New Jersey with Dr Sun Video, we had 88 lawyers there and the two of us that are together on just this issue. And everyone else knows we're changing how we're functioning with Pat Sunday. So if pat is going to do at my suggestion, not his suggestion is have a flat $1,000 fee per year, which includes unlimited telephone conversation with any doctor and to report that he will do for you or a lawyer. So this way, even if he picks up 10 or 15 or 20 clients, 30 clients, whatever it is, he can now focus his time on those doctors he works with or even lawyers who want to retain them at that level. But he can no longer work with hundreds and hundreds of our doctors because unfortunately some of our doctors are on unfairly a cornering of his time, repetitive life.

Guest Doctor: So I definitely suggest doing it, actually reached out to him on this case as well. And I guess everyone has to do their own thing. I told them to send me an invoice for his time. So I think everybody should just be, regardless of how it's set up, be fair for it. But I spent 45 minutes, because I wanted him to just double check my math and I'll tell everybody it was well worth it. I just got like three phrases even that he said and I'd say remember that when you're at depo or trial, one phrase can change everything. So just keep learning. But the big thing was I assumed with all these approximations I would do the math and they came up with a closing speed of 6.9 miles per hour, of course did not show any of their work in the initial report. They just threw up the numbers and I thought I would double check it and maybe move it from 6.9 to 7.6 or something, I did the math and the analysis came out at 10.1 with a lower coefficient of restitution and 11.8 so I'll tell everybody with the disturbing thing was as I was being maybe generous and saying, let's tweak the math a little bit and show the potential errors. I think these guys are completely full of crap. And they literally came up with the 6.9 NPH closing velocity and it's 10.1. So I don't know if they screwed up the math or if they're just maybe throwing out so much bull crap out there and maybe nobody's verifying the math and they're just running over patients less than right. But it is a little disturbing to me.

Dr Studin: It is the latter not the former. They don't think anyone understands their reports. And typically, plaintiff's attorneys have left, had the opportunity to really hire accident engineers. So the diploma I need to get you is that accident engineering course. So I will work on that in a few minutes.

Guest Doctor: Now this whole entire accident engineering world and the load damage crashes is opening up for us and just opens up more and more windows and opportunities.

Dr Studin: Federal just brought a case against a doctor. Dual fee schedules. And that's a big-time case. It was brought to my attention yesterday, so make sure that your you are part of Chiro Health USA. Do it yesterday if you haven't done it yet, especially in Colorado, especially in case your attorney general in the state of Colorado right now is laser locked on that particular issue, we at least we have a little bit of advanced warning and it has an issue. They'll make it happen.

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