Deposition of a defense doctor - 3 months and you're cured part 2

Remember my defense medical doctor movie.  Perhaps you thought it was fictitious.  Or at least exaggerated.  Because after all it was writen in a huff.  Directly after the deposition.  Before it was transcribed.

Well, here is the actual transcript.  You be the judge.  What is funnier (more obnoxious): the movie or the real thing.

Q But you believe that any long -- any ongoing thoracic pain and paresthesias would not be related?
A Correct. 

Q And when would that cutoff date have occurred?
A Within 12 weeks of the injury.

Q And where do you get that cutoff date from?
A All the evidence we have about how the body heals and responds to strain, sprains, we also have models from surgeries where surgeons actually go in and cut muscle and they have to heal. And the body is very good at healing from those type of tissue injuries, and there's nothing to indicate there was anything beyond that type of soft tissue injury. So 12 weeks would be the typical time frame for an uncomplicated soft tissue injury. 

Q Sometimes soft tissue injuries are complicated though; right?
A But there's no evidence that that's the case here. There's no additional, for example, herniated disk pressing on a nerve or spinal instability or other things that would contribute to a more protracted course than a typical soft tissue injury.

Q Please give us the treatise or authority that you're relying upon for your 12-week cutoff.
A There are many different sources, I'm not relying on any one single treatise or source.

Q Go ahead and give us some of them.
A I don't have any off the top of my head. As I said, this is common knowledge in the medical community.

Q And I'm -- but this is not common knowledge to me, so as a testifying expert I'm entitled to know what treatises or studies you're relying on.
A As I said, I can't give one specific reference right now, I don't have my references in front of me, my folders.

Q Well, you're in your office, do you want to go get them real quick?
A I'm not in my office, I'm in an office of Impartial Medical Opinions.

Q All right. Do you have a list that you've already created?
A No, I don't.

Q So when you're deposed like this, and I think you probably get deposed a lot, when you're asked this question, what do you cite, you just say this is just generally accepted and you don't give an actual citation?
A I actually think you are the first person that's asked me for a citation on this specific issue, since it's such a commonly known factual information common to all neurologists, orthopedists, neurosurgeons, so I'm surprised you would be asking for a reference.

Q Well, I'm a lawyer, so I don't do well with things that are just vague, I like to know specifics.  So if you do have a reference that can support your position, I would appreciate it, but if you don't, then that's fine, we'll move on to the next question.
A I don't have a reference that I could give you right now off the top of my head. As I said, it's been years probably since I've even looked at them since it's not something I feel I need to continually review. It's old knowledge.

Q Well, they used to think that ulcers were caused by stress, they found out it was caused by bacteria; right? I mean, medicine does progress?
A And I'm not aware of any new research that indicates anything different so --  

Q When's the last time that you looked into that issue as to what the healing period would be for injury to the cervical spine?
A Well, I was at a meeting, scientific meeting I'd say two years ago where they reviewed the subject.

Q What meeting was that?
A It was the American Association of Orthopedic Surgeons, special meeting on occupational disease and injury. I don't know the exact title of the meeting, but that was basically the gist of the meeting.

Q So an orthopedic seminar, not a neurology seminar?
A Correct. It's put on by the American Association of Orthopedic Surgeons, who also deal with spinal injuries, just like neurologists, frequently.

Q Was there a particular person that spoke on the subject?
A There were a lot of different doctors that spoke, and I don't recall who reviewed that section.

Q And what specifically did they say about that section?
A You know, this is getting very tedious. I've already explained my opinion and the basis of my opinion.

Q The good thing is that I told you I'd be done within an hour, which is very, very fast, andwe've only been going for 36 minutes, so I understand lawyers can be a little tedious, but I would like to know some basis for your statement, and so far you haven't given me any.
A I told you that that is the understanding,that is the knowledge, the common medical community's knowledge based on current research and studies. Dr. Carrigey -- and I cannot cite each and every article and each and every study and each and every explanation, but the totality of my knowledge in reviewing the subject is that nothing has come out that contradicts the statement I have made.

Q I understand, but you haven't even given me one study, one treatise, one name. I just wanted one. I'm not asking for all, I think all would be very difficult, but just one. If you can't, we're going to move on and I'm not going to, you know -

MS. SATO: We're not going to belabor this any further, I hope.

Q (By Ms. Koehler) I said if you can get me one, that's all I need. Can you do that?
A Was that a question?

Q Yeah. 
A No, I can't give you one right now.