In the early 1990s, Tom Chambers sent me on a motion mission. Go to court. Argue that Dr. X was used so often by the insurance industry to testify against plaintiffs no matter what that they should be disqualified as an expert in our case. Went to court. Lost the motion.
Tom had me bring and lose that motion multiple times.
“It goes to weight,” declared the judges. “If they’re biased you can bring that out in cross.”
Read MoreOne of the hospital’s defenses was that it was a small community hospital. It did not have all the fancy equipment of a major urban hospital. The problem with this defense was that the hospital didn’t need an expensive machine to make the correct diagnosis. All it needed, was for someone to: a) notice the red flags; and b) pull a hand held doppler unit out of a cupboard.
Read MoreAm at a hospital. Sitting on one side of a long table in a cafeteria. With me is my partner Paul Whelan and paralegal Cheryl Baldwin. Paul has been handling medical negligence cases since I was in grade school. He is my Yoda. Cheryl screened this case and knows everything that I need to know. Between the two of them, I'm covered.
Read MoreBefore this happened, the dumbest thing I ever witnessed in a defense medical exam, was one of the doctors falling asleep.
It was a two doctor panel exam. While the orthopedist was taking a history, the neurologist was reading a political thriller. I thought that was bad enough until midway through. His head was nodding and then jerking forward. Like a puppet on a string held by Mr. Sandman. Until he gave in. Chin coming to rest on his chest. At least he didn't snore.
Read MoreRemember 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.
Read MoreWitnesses who make up crap - make my day. Especially when they are defense doctors. This one was so obnoxious that I made a movie in her honor.
Here is the set up.
A guy is careless. Because of his carelessness, your head strikes an object. Your neck hyper extends backwards. You have never gone to the doctor for neck pain. But after this happens, you have problems right away. Your neck doesn't only hurt - it radiates pain down your arm and your hand is numb.
Read MoreSome of the richest doctors no longer practice medicine. Instead they make up to half a million dollars a year, working for insurance companies. Their assignment: examine injured plaintiffs with a jaundiced eye. Then proclaim they should be cured in 60 to 90 days. Sometimes a little longer.
About five years ago, there was a mean retired neurosurgeon who said a mother was paralyzed and in a wheelchair because she made up the injury in her mind. He called it "hysterical paralysis." Made for a good defense. Of course in reality, she's still paralyzed today. Apparently the hysteria hasn't ended.
Read MoreIf you are walking in a marked crosswalk with a pedestrian light on. With friends. And a guy in a Honda is talking on his cell and decides to turn left. And mows you down. The car strikes you. You land on top of the hood and then fall down and strike the pavement. And you are taken by ambulance to the hospital. And end up bruised and hurting all over. Then you my dear friend need to see Dr. Sean Ghidella. Because according to him - you will be healed and back to normal within three months. Boom. Just like that.
Read MoreWhat kind of a doctor can make half a million bucks a year not even treating a patient? Why an insurance paid defense medical examiner of course. Not all of these docs are completely sold out. Some actually practice medicine and do these exams as a (well paid) hobby. But there is quite a list of not so lovely characters doing DMEs to fund their lifestyles of the rich and famous.
Read MoreI'm on the treadmill watching Oprah. She is interviewing Dr. Oz. Their theme "5 lifesaving numbers." He gives vivid easy to understand verbal answers. He uses a video recreation. He has a demonstrative aid. I like it when he punches the plaque out of the artery. It is really super. Oprah is a phenomenal interviewer. She channels the audience. She “is” the audience in the moment. Her goal is to educate and impress upon the audience, the importance of understanding and following Dr. Oz’s medical advice.
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