How to Disqualify a MD testifying on DC care

Many attorneys are clueless how to disqualify a MD pretending to understand or be knowledgeable of chiropractic care.

If the PI lawyer is not careful the defense MD will testify that the DC care and bills were not reasonable.

But most MD’s are not qualified to offer these opinions unless he graduated from an accredited chiropractic college.

Here are a few key steps to challenge defense MD’s credibility:

1.   What credentials or training does the MD have to offer testimony of chiropractic care?

2.   What chiropractic material did he review for this particular patient?

3.   Did the MD personally review the DC records or was it summarized by an assistant?
…. what is the assistant’s qualification?

4.   Does the MD know the educational requirements for a licensed DC?

5.   Has the MD worked with chiropractors in personal injury claims?
--- If so, name the DC’s
--- When, where & why

6.   Finally, ask the MD to agree he is not an expert on DC care

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Minor Accident Causes Serious Problems

Linda, 49, working mother of three was rear-ended by a tourist from China driving a Hertz Rental car.

At first the accident did not appear to be significant. Linda was able to drive home. Because of back pain she saw a local chiropractor.

Linda does have a significant medical history. She has two plates for a three level fusion. She is under occasional care for fibromyalgia.

Her first chiropractor thought because of the light property damage and without an ER visit her symptoms were not significant. After a month of not getting better she turned to our law firm for counselling. I discussed this case with her DC. He reported to me he planned to release her shortly. He did not see any symptomology. Moreover, the DC did not know of her fibromyalgia nor her 3 level fusion surgery. He took no x-rays. Nor, did he take a competent history.

We immediately referred her to an experienced personal injury DC. Upon taking the history and a thorough medical exam she referred Linda for an orthopedist MD evaluation.

The DC also talked with her fibromyalgia MD who offered a written opinion that Linda’s preexisting condition was “aggravated” by this accident. The ortho noted the sprains to Linda’s fusion but found no acute issues. After a period of gentle DC care the case was sent to Mediation against Hertz.

Linda did exceptionally well during her deposition. She convinced the defense attorney that she was credible. After Hertz’s initial offer a year earlier of $10,000 the case settled for $65,000.

Linda L vs. Hertz Corporation
June 5, 2016

I.   Incomplete histories will always hurt PI cases. And expose the DC to possible malpractice
II.   Don’t let staff take the history – only the DC is trained. Plus, a good personal history creates an unbreakable bond of trust between the doctor and patient.
III.   Try to get the records of preexisting injuries if not too distant in time.
IV.   If your patient is under current MD care, always reach out to the MD to see if the accident ‘aggravated’ the patient’s condition. And offer to send the patient ‘back’ for an evaluation.