Academy of Chiropractic

Quickie Consult 1217
Testifying 22 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

Ensuring your pass Voir Dire

 

Dr. Studin: I am here with Dr. Johnston from Colorado. Go ahead Josh.

Guest: So, I was calling Mark for a little suggestion here. I'm getting ready to go ahead into trial today. So, the sick quick summary would be I'm going to Denver, for a trial, a high-speed rear impact collision. Two injured patients that I've been treating for a couple of years. Uh, this is a new judge and this judge, describes himself as being scientific, which is always scary. So, he knows literally just enough to be dangerous. And I'm also working with an attorney who has never tried a case before and honestly does not know what he's doing. And, chaos would be the best word to describe it so far. So fundamentally, Monday is a total disaster in the courtroom. And by the way, this is literally the best case ever. This is a UIM case. They're going after bat face, I'm guessing, but probably could be a $600,000 case. Um, but they completely blow it on Monday. I come in yesterday and in the past, I’ve been qualified as an expert in chiropractic expert in MRI interpretation expert as a bio mechanistic and twice as an accident engineer. But because this guy is scientific, supposedly, and because the plaintiff attorney messed up a bit when he was going through the qualification process yesterday, he made what I think was a major air and said, I'd like to present Dr. Johnston as an expert in accident engineering and as a bio mechanistic. And this judge had already said that he was skeptical of our engineering credentials. So therefore, he kicked out me as a bio mechanistic even. So the problem is, and this is what's good for everybody to know, I've never really realized how vague this biomechanics term is, because literally I'm sitting in trial and I'm trying to describe how the head slice forward and backwards in a high speed collision. And the judge is like, Ooh, remember you have to stick to chiropractic. Not as about mechanistic. And I'm sitting there going literally telling a chiropractor to not talk about biomechanics. It's like telling a medical doctor, okay, about drugs.

Dr. Studin: I have a solution. Okay. So, first for qualifications in the future, the employer, here are the two questions. Doctor, one question. Are you credentialed in spinal biomechanical engineering? Yes. Where did you get that credential from? We're through the state, university of New York of Buffalo school of medicine and biomedical sciences. They conferred me, you know, as credentialed in that.

And then, great. Next question, doctor, what did you kept credential for biomechanical, for accident reconstruction through Cleveland university. Um, chiropractic health sciences. And, you know, they're both graduate medical courses, you know, the postdoctoral level. That's how you get those in. Okay. That's number one. Number two, Dr. Johnson, in your chiropractic training, do they teach you about movement and motion of the spine in your chiropractic training the doctoral level? The answer is yes. It's your post-doctoral chiropractic training. Do you learn further about movements of the spine in trauma? Yes or no? Yes. And here's the citations. I bet this is my basic chiropractic training, and the judge will say, well, you're not allowed to do spinal biomechanical engineering. Your honor,

That's one course that I took, but in my chiropractic training, I took many, many courses and have the spine course. That's the core of what chiropractic is. But that is chiropractic training.

Guest: Exactly. It's everything.

Dr. Studin: Do you understand? So you'll have the lawyer has to know, broach, you know, say to the judge, I'd like to make a motion or you know, I'd like read Voir Dire in the scope of Dr Johnston's training because this was part of his chiropractic training in professional school and it's part of his mandatory post-doctoral chiropractic training. He has to do postdoctoral training to maintain his license and he's focused on movement of the spine. Good and secure it. Just say that the biomechanical engineering, maybe not all of it, but a majority of biomechanical engineering use movements of the spine.

Guest: Yes. Yeah. We're going to do that today. Movement of the spine through SUNY fundamentally.

Dr. Studin: No, but your chiropractor, your spinal biomechanical engineering that’s from Buffalo medical school. Contracting training is through Cleveland university. Where did you go for Chiropractic School?

Guest: Parker school.

Dr. Studin: At Parker school you learned a lot about movement of spine and then your mandatory postdoctoral chiropractic training mandated by the state chiropractic board of Colorado. You've done your postcard practice training through Cleveland university, Kansas City chiropractic and health sciences. And in that post chiropractic training, I've learned all about the movement of the spine. I've spent, you know, this is part of my chiropractic training, hundreds of hours. I've just continued what I learned in my chiropractic college, in my doctoral training. I just continued with it.

Guest: Right, so from a legal standpoint, because this guy is new, what I'm pushing him to do is this morning before second injured person gets on the stand, having another, like almost another pre-Shrek motion. I don't know if I'm allowed to be there, but I want the attorney to go through these ideas with the judge without using the word biomechanics.

Dr. Studin: Spinal movement.

Guest: Yes, exactly. So just spinal movement.

Dr. Studin: So the judge is going to say it's still biomechanics, we already discussed that, but your honor, doctor, you said only chiropractic in his chiropractic training. In his doctoral training, it was part of the core program and the state of Colorado mandates. He does post-doctoral courses. This is part of his chiropractic postdoctoral training, but he's mandated to take at least taken hundreds of hours of, so you're saying that chiropractic is allowed, but what he learned in chiropractic school and the Colorado mandated postdoctoral training that he had to take for his chiropractic license is not accepted.

Guest: Beautiful.

Dr. Studin: That's what we're looking for. You understand?

Guest: Yup, absolutely. Thank you.

PLEASE TAKE FURTHER NOTICE: CONFIDENTIALITY AND PROPRIETARY INFORMATION NOTICE:  This email including attachments is covered by the Electronic Communications Privacy Act (18 U.S.C. 2510-2521) and contains confidential information belonging to the sender.  Nothing contained in this message or in any attachment shall constitute an Electronic Signature or be given legal effect under 44 U.S.C. 3504 Sec. 1707.  The information is intended only for the use of the individual or entity to which it is addressed.  If the recipient of this message is not the intended recipient, you are at this moment notified that any unauthorized disclosure, dissemination, distribution or reproduction of this message or any attachments of this communications is strictly prohibited and may be unlawful.  If this communication has been received in error, please notify the sender immediately by return email, and delete or destroy this and all copies of this message and all attachments.