Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 1142
Testifying 18 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

"Lawyers only wants me to comment on treatment and nothing else"


Dr Studin: So what's going on?

Guest Doctor: I met with an attorney Friday that I have done a lot of business with over the years, kind of been bringing them along and all the stuff I've been learning and you just haven't been really bought in. I went to breakfast with him and he basically proceeded to tell me he doesn't not want me as an expert witness and if I can't stay away from that. And basically he used the word stay in my lane as a treating doctor that he will not utilize me or call me even to testify on the treatments that I provided.

Dr Studin: he still Ortho-neuro and neuro-surgeon. And you're nothing more than a technician like a PT only to discuss your treatments and nothing else.

Guest Doctor: Yes.

Dr Studin: that's exactly what he's saying. And the answer is okay. That's fine. And here is why, because emotionally, we want to be the everything for everyone because we're qualified and especially you because you've worked your ass off to be qualified and you can. That's number one. However, if you're working with 20 to 20 attorneys and 10 want you to be the everything for them because they realize you get it, the other 10 I'll take that patience, do very little work. I'll get paid and then I'll focus on the 10 that want me to do everything. I'll take the money for the ones that don't want me to do anything.

Guest Doctor: how do you go into a courtroom setting and avoid… You don't manage?

Dr Studin: You don't. You tell the truth and you tell the attorney, listen, I have no problems focusing on just treatment and you could bring in the Ortho, neuro, neurosurgery, all you want. I won't even write a narrative for you. You just can have my treatment notes, but you're going to get hurt on settlements big time, because the Ortho neuro neuro surgeon that you covered is not going to do that. But I understand and I'll stay not in my lane but in the lane you want me to be in, but I have no problems doing any of that, but if someone puts me on the witness stand and the defense asks the question, I'm going to answer it and the answer is going to be commensurate with to my training, but I'm going to stay in the lane you want me to be in, from beginning to end and I have no problem with that.

Guest Doctor: there's a real specific case in question is coming up and, he doesn't want me to comment on the ligament laxity and I said, look, this is the only way I can justify the length of treatment that I provided. If you can't comment on it or I won't call you, do not comment on it. And I said, that's ridiculous.

Dr Studin: If the opposing counsel ask you then you have to comment on it. Tell him I'm in court and you don't ask me, there's nothing for me to comment on. But if the opposing counsel ask me and it's in my notes, I have to comment on it, it's really easy. Do whatever you want me to do. I don't care. Do I agree with your tactic? No, because I think it's going to cause you a lot of money. Not me, but you. But if that's your strategy, I support that and I won't comment. I'll only comment on what you ask me, I'm not going to go out of the lane you want me to be in and I'm fine with that, appreciate the fact that if I'm on the witness stand, when the opposing counsel asks a question, I'm going to answer it because I have no choice. Do you swear to tell the whole truth and nothing but the truth and help you God. So the answer is I got to answer the question. Well, if you don't ask it, I won't volunteer it. 

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