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Shaw Chiropractic
A Medical-Legal Newsletter for Personal Injury Attorneys
by Dr. Steven W. Shaw

PREPARATION OF THE CHIROPRACTIC EXPERT WITNESS

When using a chiropractic physician as an expert it is essential that the attorney take the time to prepare the witness. Below are some rules which the plaintiff attorney should follow to assure that the expert is fully prepared:

1. Under no circumstances should the defense attorney be allowed to stipulate that the chiropractic physician is an expert. The prestige of the chiropractic witness should be developed fully. Pre-existing myths and misunderstandings about chiropractors need to be addressed. Further, the defense attorney will play this card during cross examination.

2. Plaintiff attorney should spend as much time as necessary to qualify the chiropractor as an expert. The more years of education, post graduate classes, degrees, honors, publications, lectures etc the better.

3. It is important to emphasize that the chiropractors education is equal to and often superior to that of an MD.

4. Doctors tend to speak in technical jargon. It is important for the attorney to ask for clarification of certain terms. Ex.C4= the 4th neck bone.

5. Emphasis on the doctors clinical experience is impressive. Years in practice, number of patients seen weekly, types of patient seen, etc. Better that this information is presented positively in direct rather than during cross when the defense lawyer will try to make the doctor sound too busy and too rich.

6. Any possible negative should be addressed during direct. Issues such as the following are important:

Do you have hospital privileges?
Are you licensed to prescribe drugs?
Are you licensed to do surgery?
Are you a member of the AMA?
Are you a member of any medical associations?
Did you attend medical school?
Have you attended any post graduate medical courses?
Do you treat infectious diseases?

7. Ask about internship vs externship.

8. Always have a pretrial/deposition conference with the chiropractor.

9. Many chiropractors are unfamiliar with the courtroom. Spend several minutes reviewing procedure. Also, if you know the judge or defense attorney you should brief the chiropractor about what to expect.

10. Ask the chiropractor if he sees any holes in the chiropractic side of the file.

11. Tell the chiropractor how to be a good witness NOT what to say. Emphasize the following:

-Professionalism- Be polite and courteous to judge and jury.
-Attire: Dress professionally and conservatively.
-Answer only the question asked. Never volunteer information.
-No one is an authority other than the testifying doctor.

-Don’t take it personally and get upset or angry.
-Take time to answer the questions.
-The best answer is a short answer.
-Tell the patient’s story with sympathy.
-Avoid hypothetical or qualifying questions unless it can be substantiated by the records.
-Answer all questions with a good attitude. Be dignified, positive and collected.
-Speak slowly, clearly and project your voice as a professional.
-Always be prepared.
-Don’t get exasperated during long periods of questioning
-Don’t lecture the jury. Share the information with them.
-Don’t get stuck on the CHIROPRACTIC PHILOSOPHY.
-Don’t be cute or play games in the court room.
-Try to anticipate where the attorneys questions lead.
-Control the pace rather than being controlled
-Direct your answers to the jurors
-Don’t become nervous or fidgety.
-If you don’t know the answer say so
-Use gestures when explaining procedures.
-Use word pictures to describe your answers when possible.
-Use exhibits if available.
-The doctor is reimbursed from time out of the office not his testimony.
-Don’t be afraid.
-If a yes or no answer is misleading ask the judge for some freedom
-Be believable.

I have compiled a list of standard questions to guide the attorney through the direct examination of the expert chiropractic witness. If you would like a complimentary copy please call us.