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Dynamic Chiropractic
September 12, 1990, Volume 08, Issue 19

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"How Defense Attorneys Mislead Juries About Chiropractic"


By: Phillip H. Miller and Charlton Woosley, D.C.

Six audio tapes

See pages *** for more information at how to order.

All my life I was taught that right would always prevail. Indeed it might -- eventually. However, there are times that these interests with a great deal of money have a great deal of influence over the decisions that are made. With money you can buy attorneys that know all the tricks of the law trade so that what would seem an obvious right becomes twisted by technicalities until it becomes wrong.

Time and again we are reminded of this when we hear of a rape victim eventually being cast in the role of villainess through the wiles of a clever lawyer. This is why so many murderers, rapists and child molesters still walk the streets.

In my own case I once owned a piece of distressed property in San Diego. The slab upon which the house was built was cracking and falling apart. Fortunately, or so I thought, it was under a ten year warranty by the developers. Apparently this meant nothing and we fought them for several years. On yes -- we "won" -- they eventually admitted they were wrong but outspent us so that the decision meant nothing.

The point of all this is that you must be ready for anything once you enter the courtroom. In the hallway the lawyer may be the nicest guy in the world -- he goes to church on Sunday, gives to charities, is a scoutmaster, and loves golf. Something happens, however, when he enters the courtroom. The nice guy you were talking to in the hall is now out for blood -- your blood.

It's unfortunate, but many chiropractors are often a pretty naive bunch and unless well prepared, will be like sacrificial lambs being led to a legal slaughter. The defense attorneys are hired guns for the insurance companies and what they want is another notch on their chiropractic six shooters. This goes without exception -- this is their job -- the way they make a living.

Realizing this, attorney Phillip H. Miller and Charlton Woosley decided to perform a service for the chiropractic profession. In fact the opening words of the first tape lays it right on the line. You must know your enemy, and he is the defense attorney.

There are six attractively packaged tapes in this series.

Tape One: Introduction to Chiropractic/Legal Concepts

Part I

  • How the claims process works

  • What is a deposition and your role in the claims process

  • What you should know about recoveries in soft tissue injuries

  • The evaluation of personal injury claims

Tape Two: Introduction to Chiropractic/Legal Concepts

Part II

  • How insurance company attorneys mislead jurors about chiropractic (Examines typical methods utilized by defense lawyers to discredit chiropractic, and how to avoid this trap.)

  • Factors which may effect a patient's recovery

  • Communicating with your patient's attorney

  • Preparing for a deposition

  • Problems to look for prior to your deposition

Tape Three: Direct Examination

-- Examples of some actual questions that you should expect the plaintiff attorney to ask and be prepared to answer

Tape Four: Cross Examination

Part I

-- Actual questions asked by defense lawyers, and how both questions and answers mislead juries about chiropractic

Tape Five: Cross Examination

Part II

-- Reports of injury/impairment

Tape Six: Drill Tape

-- Practice session, common cross-examination questions and the "how to" of providing the correct answer

All of the preceding are on the tapes. There is a warning however. They aren't the type that you can go to sleep listening to. They're angry tapes -- sodden with the gritty reality of courtroom strategy. If you're like me you'll get pretty mad listening to them. But that's their purpose -- to awaken the chiropractic physician to the realities of the big world out there where everything definitely doesn't end happily ever after.

By listening to and learning from these tapes, however, if your're cast in the role of champion, you might be in a better position to affect the outcome.

At one time or another every chiropractor will undoubtedly either be in court or have a deposition taken. These outstanding tapes will prepare you to present the best case possible for the patient, your profession and -- you.

RHT

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Dynamic Chiropractic
September 12, 1990, Volume 08, Issue 19

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