Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 323

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.

"More Credentials"


I just received this:

 
Mark,

I am NOT writing this to offend anyone.  I truly only want to stop the madness and excuses and give you the truth.  That being said…..
 
Let’s clear up the BS once and for all…..Seriously…
 
You need it ALL!  Suck it up and do it!  You want to be accepted in court… Accepted by the attorneys… Accepted by MDs locally…. Then get the education to be the best of the best!  Do the PI bootcamp, Do the MRI course, Do post-grad courses in neuro, ortho, Get published in peer-reviewed journals, TEACH post-grad classes in PI, etc., etc., etc.!
 
It sucks, but it WILL PAY OFF no matter where you practice!
 
I’ve been at this for twenty years.  Taking courses, putting in the time, way more time than I wanted to, spending thousands on education.  When I get deposed… When I get on the stand…. When I send in a final narrative…. When I rebut an IME… etc. etc. etc… I get heard and I don’t get taken advantage of or dismissed as “not a real doctor”.  The best example (of many) is last week..  I get called into court about a PI case.  I don’t get called in because the patient is suing her insurance company for bodily injury, I get called in to testify and be tested as an expert witness for the State Prosecutor’s office, because my patient was hit by a drunk driver who was on her fourth DUI (after her third, she was charged with a felony). They needed info and testimony on permanent bodily injury to put her away for a long time. 
 
I sat with the prosecutor for 15 minutes before the court started, she only reviewed my CV that morning on the way to the court.  She saw that it was in an admissible format!!  She asked me a few questions and then I TAUGHT HER WHAT TO ASK!  I told her what the defense was going to say (not a real doctor… no hospital rotations… does your college have a physical campus… isn’t chiro college only a 3 year program… how many times have you testified.. have you been accepted as an expert in your field… yadda yadda yadda…)…  She was very appreciative and when we went upstairs to the court, the defense put in a motion to dismiss me as an expert, as I have not been formally recognized by the court system as an expert.  The prosecutor and the judge said that that was the point of this morning’s session.  If I qualify, then my testimony would be heard.
 
Turns out the judge read my CV… LAST WEEK!  Way before I got into her courtroom.  She had her own questions and made sure the prosecutor hit those or the jury wouldn’t hear anything from me.  After 30 minutes of the prosecutor getting her questions answered, the defense came up and started his rhetoric.  30 minutes later he was done and when the State moved to have me qualified as an expert in chiropractic and neurology, the defense motioned that it be denied…. After a 5 minute bench conference (both attorneys at the judge’s stand while white noise is being played through the court), the judge said that he had NO GROUNDS to make that motion and that my CV and education and credentials (SOUND FAMILIAR) left NO DOUBT OR RESERVATIONS ON THE COURT’S BEHALF that I was an expert in chiropractic AND NEUROLOGY!  This is where the post-grad training pays off.  Now, in Brevard county courts I can testify as an expert witness ON ANY CASE, FOR ANY REASON, in chiropractic or neurology.  Also, now that I am accepted in this county, the rest of the counties will follow suit when I am asked to go there and then the Federal system will follow, if that situation ever comes up. 
 
So, at this point, I am not talked to as just a “chiro” in court, even though the defense will be sure to ask me and let the jury know.  I am spoken to as an expert in neurology.  That means that I am on the same playing field as any MD, DO, or DC that is a board certified neurologist. 
 
I know you’re all thinking that it costs too much, that I don’t need it, that it doesn’t matter, that I don’t get called very often to testify, etc…  But I am here to tell you that it ALWAYS MATTERS TO THE PATIENT AND THE ATTORNEY!!!  Do what is best, you know what’s right!
 
Two things….
(11.   She got an additional 5 years to her sentence, for causing serious bodily injury to a person….
(22.  The last case I testified in, initially offered my patient 50,000….. Settled for 950,000…. I was one of only 3 doctors on the stand..
 
Do you think the attorneys and patients care about my credentials now?
 
 
Sincerely,
Sheldon   
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