"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.
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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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