Dr. Croft, a long-time veteran of the medicolegal arena will present 6 hours and Dr. Aaron DeShaw will present 6 hours. Dr. Aaron DeShaw, Esq. is perhaps the best known expert in the U.S. on the subject of Colossus, a computer assessment program used for evaluating personal injury claims. He is author of the texts Colossus: What Every Trial Lawyer Needs to Know, and From Good Hands to Boxing Gloves The Definitive Guide to Handling Allstate Claims, bothpublished by Trial Guides. He has additionally been published in 12 state and national trial lawyer journals. He holds a Doctorate of Chiropractic from Western States Chiropractic College and a Juris Doctorate from Willamette University College of Law. As a doctor, he was on staff at the exclusive Hale Clinic in London England, and practiced in five countries treating people from over 100 nations. He has lectured for both physician and legal professionals including at ATLA/AAJ, the Spine Research Institute of San Diego’s Annual CRASH seminar (involving live subject crash testing), and the National Institute for Trial Advocacy, as well as private seminars before the nation’s top insurance bad faith lawyers. He is a frequent resource for national media such as CNN, MSNBC, Business Week and others on the topic of insurance.




 
 
Essentials of documentation and records keeping; what you need vs. what you don't
Medical photography; when and how to use it and incorporate it

Taking the pain out of depositions, arbitrations, and testifying in court

Preparing for the classic cross-examination strategies
Critical differences between chiropractic and medical approaches that literally make or break a case
Using evidence effectively; models, charts, diagrams, photos, movies, and more
Daubert and Frye rules; how they affect your testimony and how they can exclude opposing experts
Disabusing the MIST myth; Colossus
Learned treatises and reliable authorities; other federal rules of evidence experts should know
 
  "The material presented is unsurpassed. The course, at the very least, is a smack in the face, and my eyes are wide open. I am more confident,
more prepared, and feel that I have an edge on my peers armed with the tools Dr. Croft and Mr. Zurawski presented."

Michael A. Miller, DC
Tallahassee, FL



Chapter 1. Should you accept the case?

Initially, physicians must decide whether to accept a case. Dr. Croft provides his philosophy in analyzing these cases.

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Chapter 2. Reporting

This is a brief review of reporting and recaps reporting issues mentioned in earlier Modules—this time from a medicolegal standpoint.

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Chapter 3. Records keeping

Physicians are custodians of medical records. In medicolegal cases, these records are subject to subpoena (for copying). Dr. Croft discusses the best practice guidelines for managing your files and records.

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Chapter 4. Medical photography

Here, Dr. Croft covers the special requirements of medical photography: how, when, and why to use it; and choosing the best equipment.

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Chapter 5. Depositions

Dr. Croft spends a large portion of his time on the issue of depositions because most of the legal proceedings physicians will be required to participate in are, in fact, depositions. Moreover, physicians should be as prepared for their deposition as they would be for an arbitration or trial appearance. He’ll discuss the various strategies and methods, the different types of witnesses, and how to best prepare for the deposition. He’ll also describe the typical examination strategies and how to avoid common pitfalls, as well as how to prepare for the most common cross-examination questions. In recent years, deposition strategies have changed significantly—particularly for the graduates of this program. Dr. Croft will cover these developments in detail.

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Chapter 6. Arbitrations

In this section, Dr. Croft will discuss the various types of arbitrations and how to best prepare for them. While arbitrations appear less formal and rigid than courtroom appearances, preparation is critical in order to have all of the issues presented credibly and fairly so that the case can be concluded at arbitration rather than proceeding to trial.

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Chapter 7. Testifying in court

In this section, Dr. Croft discusses preparation for the courtroom, related strategy, handling difficult cross-examination questions, how to prepare for a meaningful direct examination of yourself, and how and when it is appropriate to speak to the judge.

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Chapter 8. Using evidence

Dr. Croft will also discuss ways to use illustrative evidence and some of the Federal Rules of Evidence pertaining to your use of it. He’ll discuss specific ways to introduce crash test footage as a way of demonstrating the stereotypical occupant kinematics resulting from various crash vectors.

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Chapter 9. Medicolegal rebuttal

In this section Dr. Croft will discuss the best ways of handling documents prepared by opposing experts espousing non-existent facts, and promoting net opinions and theories not supported by current science.

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Chapter 10. Daubert and Frye

Dr. Croft provides the essentials of the two major rules pertaining to the introduction of scientific evidence and the testimony of experts. Judges, using whichever rule is appropriate for the jurisdiction, act as gatekeepers of scientific testimony, and it is vitally important to understand how these rules work. Challenges will be made to your testimony and, conversely, you may be required to assist in challenges to opposing experts.

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Chapter 11. Motions in limine

These are legal motions introduced to limit the testimony of opposing experts. Your knowledge may be critical in the development of these motions. Conversely, motions may be filed against you to limit your testimony. Understanding this process is crucial.

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