Academy of Chiropractic

Quickie Podcast 1231
Narratives 98 N

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

"With a degree of medical certainty"


Dr. Studin: What do you got?

Guest Dr: Okay. So, these lawyers send me stuff to sign the declaration. So, I was reading it and it says it is my medical opinion to a medical degree of medical certainty. That's a very easy question. I think they worded it wrong. It shouldn't that be reasonable degree of medical certainty?

Dr. Studin: Yes. It should be a reasonable degree of medical certainty.

Guest Dr: Yeah. And we called them and talk to them and the staff is confused. They don't know. They're like, no, this is what we usually send out and everything.

Dr. Studin: Read to me what they wrote again, please.

Guest Dr: Okay. It's says, my medical opinion to a medical degree of medical certainty, the on the more profitable than not basis…

Dr. Studin: and the key of this whole thing, which you can't appreciate because you're not a lawyer, if none of what you're saying, it's the more probable than not.

Guest Dr: Yeah, I see.

Dr. Studin: Okay. It's the but for, but for this statement, and this is it, but for this accident it would not have occurred and it's more than not. Those are all legal triggers that go into a report, which says it's all about case law. But for the facts of it is very clear. And what was the other one we said? I forgot. It's just a lot of my head.

Guest Dr: Yeah. So also know that's the risk, that's all of it.

Dr. Studin: But read to me that sentence again, cause I forgot.

Guest Dr: It says my medical opinion to a medical degree of medical certainty,

Dr. Studin: okay, the more probable than not basis. A reasonable degree of medical certainty is yes. And it gets a medical degree. Medical certainty doesn't mean that there's anything more probable than not goes to. That's the key. Okay. Nothing. Everything sounds wonderful on the doctor's side or from the lawyer side, it's more probable than not. And those are the two triggers that we're starting to also put in. And I just hung up with Dr. Schoenfeld a little while ago. Those are the things that go with the new narrative requirements that's got to be in the narrative. Those two sets, those two phrases have to be in the warriors narrative, because those are the triggers which the attorneys need in order to get the case of proof and determine causality. 

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