Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 224

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.

“Accident History”

A doctor writes, regarding the lawyers opinion of the history, "Who cares if they want the description of the accident in the history? If there is injury, it is medically relative and belongs there."
Your response is dangerous to a healthy relationship with the lawyer. As I lecture nationally, the history is the most commented on part of the narrative. I have had strong comments from Massachusetts, Washington, New York, New Jersey, Florida and a few other places about histories and this very subject. 
If your description does not match that of the patient's in another report, it can be very damaging to the case as there are conflicting descriptions. Therefore, language like, "The patient was rear ended while stopped," should be all that is documented. In addition, if you do not have credentials in accident reconstruction, your words might not be considered admissible by many judges nationally and it will devalue your opinion in the eyes of the courts and the juries.
Be accurate, but brief and general. Stick to the "medicine" and let the lawyer and police do their jobs when describing what happened. You are the best at what you do and they are the best at what they do.

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