Description
SEAK's Writing and Defending Your IME Report is available for immediate download as a PDF E-Book.
Physicians who perform IMEs, write IME reports, and defend them at depositions, hearings, or trials now have a new, customized, invaluable resource - the text Writing and Defending Your IME Report: The Comprehensive Guide (PDF e-book). The text provides physicians with everything they need to write better and more defensible IME reports. In addition, it teaches physicians how to defend their IME reports.
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***Click here for sample chapter 8: Physical Examination***
This book is also available as a hardcover. Please click here to purchase the hardcover.
Features:
-10 Detailed Model Reports
-27 Trick and Difficult Cross-Examination Questions (each with three different replies and a valuable lesson spelling out what counsel is trying to achieve and the strengths and weaknesses of each reply)
-25 Tactics (fair and unfair) that opposing counsel will use to discredit the IME physician and her report, which include:
-An explanation of the wording in the IME report
-A sample cross-examination demonstrating the tactic in action
-A comment analyzing the tactic and offering specific advice on how to defeat the tactic, and
-An example how to defend the IME report as written.
-15 Common substantive, grammatical, typographical, and other transcription errors with suggestions on how to catch them before your report is finalized and how to answer questions about the mistakes that slip through
-6 Techniques for reducing the risks of being accused that the client improperly influenced you and your IME report
-35 Red Flag Words (terms) to avoid when you write your IME report
-6 Techniques for avoiding the use of extraneous language and information in your IME report. These techniques are demonstrated in 24 examples each which contain the offending language in the reports, resulting cross-examination, comment, and defense of the report as written
-21 Techniques for making your report powerful, persuasive, and understandable with 65 detailed examples
-20 Techniques for stating your opinions and conclusions in a defensible manner with 78 detailed examples
-8 Techniques for using citations in your IME report to your advantage with detailed examples
-14 Techniques for documenting a detailed physical examination with detailed examples
-7 Techniques for obtaining and documenting a detailed, well-written, accurate history in your IME report with detailed examples
-10 Techniques for properly disclosing all documents reviewed prior to drafting the IME report with detailed examples
-6 Techniques for properly formatting your IME report with detailed examples
-5 Techniques for staying within your true are of expertise with detailed examples
-5 Techniques for accurately and objectively stating your qualifications with detailed examples
-5 Techniques for dealing with background information and transmitting letters with detailed examples
-17 Page Executive Summary Providing the Physician reader with a detailed roadmap of the text
TABLE OF CONTENTS
CHAPTER 1 INTRODUCTION AND EXECUTIVE SUMMARY
1.1 INTRODUCTION
1.2 ANSWER ONLY THE QUESTIONS ASKED
1.3 JUST SAY “NO”
1.4 BACKGROUND INFORMATION AND TRANSMITTAL LETTERS
1.5 THE EXAMINER’S QUALIFICATIONS
1.6 THE EXAMINER’S TRUE AREA OF EXPERTISE
1.7 FORMATTING
1.8 MEDICAL RECORDS AND OTHER DOCUMENTS REVIEWED
1.9 HISTORY
1.10 PHYSICAL EXAMINATION
1.11 CITING AUTHORITY
1.12 OPINIONS
1.13 THE POWERFUL, PERSUASIVE, AND UNDERSTANDABLE REPORT
1.14 EXTRANEOUS LANGUAGE
1.15 WORDS TO AVOID
1.16 THE INFLUENCE OF THE REFERRING CLIENT
1.17 PROOFREADING
1.18 DEFENDING THE IME REPORT
1.19 MODEL REPORTS
CHAPTER 2 BACKGROUND INFORMATION AND TRANSMITTAL LETTERS
2.1 EXECUTIVE SUMMARY
2.2 PRELIMINARY IDENTIFYING INFORMATION
2.3 PRELIMINARY AND INTRODUCTORY INFORMATION
2.4 TRANSMITTAL/COVER LETTERS
CHAPTER 3 STATING THE EXAMINER’S QUALIFICATIONS ACCURATELY AND OBJECTIVELY
3.1 EXECUTIVE SUMMARY
3.2 LEGAL REQUIREMENTS
3.3 ACCURACY
3.4 OBJECTIVITY
3.5 UNEARNED DESIGNATIONS OR DEGREES
3.6 KNOWLEDGE OF LITERATURE
CHAPTER 4 THE IMPORTANCE OF STAYING WITHIN THE EXAMINER’S TRUE AREA OF EXPERTISE
4.1 EXECUTIVE SUMMARY
4.2 LEGAL TERMS AND OPINIONS
4.3 COSTS, VALUE, AND MONEY
4.4 DIFFERENT MEDICAL DISCIPLINE, SPECIALTY, OR SUB-SPECIALTY
4.5 COMMENTING ON NON-MEDICAL AREAS OF EXPERTISE
CHAPTER 5 FORMATTING
5.1 EXECUTIVE SUMMARY
5.2 COVER PAGE
5.3 FONT
5.4 TOPIC HEADINGS
5.5 SHORT, CONCISE PARAGRAPHS
5.6 SPACING
5.7 PAGE NUMBERING
CHAPTER 6 PROPERLY DISCLOSING PRECISE MEDICAL RECORDS AND OTHER DOCUMENTS REVIEWED
6.1 EXECUTIVE SUMMARY
6.2 PRECISELY LISTING MEDICAL RECORDS AND OTHER DOCUMENTS REVIEWED
6.3 “INCLUDING” AND “INCLUDING, BUT NOT LIMITED TO"
6.4 “RELEVANT PORTIONS OF"
6.5 “VARIOUS”
6.6 MISSING MEDICAL RECORDS AND DOCUMENTS NOT REVIEWED
6.7 SURVEILLANCE MATERIAL
6.8 ILLEGIBLE RECORDS
6.9 RECORDS SUPPLIED BY THE REFERRAL SOURCE
CHAPTER 7 THE EXAMINEE’S HISTORY
7.1 EXECUTIVE SUMMARY
7.2 OVERVIEW
7.3 PRE-EXISTING STATUS/PAST MEDICAL HISTORY
7.4 INJURY/INCIDENT
7.5 TREATMENT HISTORY
7.6 OCCUPATIONAL HISTORY
7.7 PSYCHOSOCIAL HISTORY
7.8 FAMILY MEDICAL HISTORY
CHAPTER 8 PHYSICAL EXAMINATION
8.1 EXECUTIVE SUMMARY
8.2 PHYSICAL EXAMINATION
8.3 PAIN STATUS INVENTORIES
8.4 CURRENT STATUS
8.5 FUNCTIONAL STATUS
CHAPTER 9 HOW TO USE CITATIONS TO TEXTS, JOURNALS, GUIDELINES, AND OTHER AUTHORITY TO BOLSTER A REPORT’S CREDIBILITY
9.1 EXECUTIVE SUMMARY
9.2 CITING AUTHORITY PROPERLY
9.3 CONSEQUENCES OF FAILURE TO CITE AUTHORITY SPECIFICALLY
9.4 OUTDATED AUTHORITY
9.5 QUOTING AUTHORITY
9.6 AUTHORITATIVE
9.7 AMERICAN BOARD OF INDEPENDENT MEDICAL EXAMINERS GUIDELINES
CHAPTER 10 STATING OPINIONS AND CONCLUSIONS IN A DEFENSIBLE MANNER
10.1 EXECUTIVE SUMMARY
10.2 STATE OPINIONS CLEARLY AND WITH CONFIDENCE
10.3 STATE REASONS FOR OPINIONS
10.4 CONCLUSORY OR “NET” OPINIONS
10.5 STATE ALL OPINIONS TO WHICH THE EXPERT WILL TESTIFY
10.6 DOCUMENTING A RELIABLE METHODOLOGY
10.7 DIAGNOSES
10.8 CAUSATION
10.9 APPORTIONMENT
10.10 AGGRAVATION AND EXACERBATION
10.12 MAXIMUM MEDICAL IMPROVEMENT
10.13 PERMANENT IMPAIRMENT RATING
10.14 WORK CAPACITY AND DISABILITY
10.15 PAST AND FUTURE CARE
10.16 SYMPTOM MAGNIFICATION, FRAUD, MALINGERING, AND OBJECTIVE SUPPORT FOR SUBJECTIVE FINDINGS
CHAPTER 11 MAKING YOUR REPORT POWERFUL, PERSUASIVE, AND UNDERSTANDABLE
11.1 EXECUTIVE SUMMARY
11.2 STATE THINGS CLEARLY AND DIRECTLY
11.3 DO NOT SPECULATE OR GUESS
11.4 GUESSING ABOUT FUTURE MEDICAL COSTS
11.5 AVOID BOILERPLATE LANGUAGE
11.6 AVOID ABSOLUTE WORDS
11.7 AVOID VAGUE, EQUIVOCAL, AND UNCERTAIN REPORTS
11.8 DO NOT USE EMPHASIS WHEN EXPRESSING FINDINGS OR CONCLUSIONS
11.9 USE THE ACTIVE VOICE
11.10 USE PRECISE LANGUAGE
11.11 USE FIRST-PERSON SINGULAR
11.12 USE CONFIDENT LANGUAGE AND AVOID HEDGE WORDS
11.13 DEFINE TECHNICAL MEDICAL TERMS AND MEDICAL JARGON
11.14 USE OBJECTIVE LANGUAGE
11.15 EXPLAIN THE MEANINGS OF MEDICAL ABBREVIATIONS
11.16 AVOID ARGUMENTATIVE LANGUAGE
11.17 BEWARE OF COMMENTING ON THE CREDIBILITY OF THE EXAMINEE AND OTHERS
11.18 MAINTAIN CONSISTENCY IN AND AMONGST REPORTS
11.19 AVOID DRAFTING REPORTS THAT APPEAR BIASED OR PARTISAN
11.20 COMPUTER-ASSISTED REPORT TEMPLATES AND STANDARDIZED LANGUAGE
11.21 ADDITIONAL RECOMMENDATIONS
CHAPTER 12 DAMAGING EXTRANEOUS LANGUAGE AND INFORMATION THAT SHOULD NOT BE INCLUDED IN IME REPORTS
12.1 EXECUTIVE SUMMARY
12.2 “FRIENDLY” LANGUAGE DIRECTED AT COUNSEL, ADJUSTERS, OR OTHER REFERRAL SOURCES
12.3 SPEECHES
12.4 LETTERHEAD
12.5 COVER LETTERS
12.6 DISCUSSIONS WITH RETAINING COUNSEL
12.7 ADDITIONAL EXAMPLES OF EXTRANEOUS LANGUAGE
CHAPTER 13 RED-FLAG WORDS TO AVOID
13.1 EXECUTIVE SUMMARY
13.2 “AUTHORITATIVE”
13.3 “LEGAL,” “ILLEGAL,” “LEGALLY,” OR “ILLEGALLY”
13.4 “DRAFT"
13.5 “WORK PRODUCT,” “CONFIDENTIAL,” OR “PRIVILEGED"
13.6 “PRO ABLE” AND “POSSIBLE”
13.7 “SUBSTANTIALLY”
13.8 “OBVIOUS” AND “CLEARLY"
13.9 “APPEARS”
13.10 “PRESUMABLY"
13.11 “EVIDENTLY”
13.12 “SUPPOSEDLY”
13.13 “IS SAID”
13.14 “HE,” “SHE,” “IT,” “THEY,” AND OTHER PRONOUNS
13.15 ROYAL “WE"
13.16 “IT SEEMS,” “COULD,” “APPARENTLY,” “I BELIEVE,” AND OTHER HEDGE WORDS
13.17 “COMPLETE,” “THOROUGH,” “METICULOUS,” “EXHAUSTIVE,” AND OTHER SUCH WORDS
13.18 “PATIENT”
13.19 “MALINGERING”
13.20 “ALLEGED” AND “CREDIBLE”
13.21 “DICTATED BUT NOT READ” AND “ELECTRONIC SIGNATURE”
CHAPTER 14 PREPARATION OF IME REPORTS AND THE INFLUENCE OF THE REFERRAL SOURCE
14.1 EXECUTIVE SUMMARY
14.2 DRAFT REPORTS
14.3 REQUESTS FOR “CORRECTIONS,” “CLARIFICATIONS,” AND “IMPROVEMENTS”
14.4 REVIEW AND FINALIZATION BY THE REFERRAL SOURCE
14.5 COVER LETTER FROM REFERRAL SOURCE
CHAPTER 15 CATCHING MISTAKES BEFORE THEY CATCH YOU
15.1 EXECUTIVE SUMMARY
15.2 SUBSTANTIVE MISTAKES
15.3 GRAMMATICAL MISTAKES
15.4 TYPOGRAPHICAL OR TRANSCRIPTION ERRORS
15.5 SPELLING
15.6 RUN-ON SENTENCES
CHAPTER 16 DEFEATING COUNSEL’S TACTICS
16.1 EXECUTIVE SUMMARY
16.2 TACTICS AND DEFENSES
CHAPTER 17 TRICK AND DIFFICULT CROSS-EXAMINATION QUESTIONS FOR INDEPENDENT MEDICAL EXAMINERS
17.1 EXECUTIVE SUMMARY
17.2 RESPONSES TO 27 TRICK AND DIFFICULT CROSS-EXAMINATION QUESTIONS FOR INDEPENDENT MEDICAL EXAMINERS
CHAPTER 18 MODEL REPORTS
REPORT #1: PERSONAL INJURY—UPPER EXTREMITY INJURIES
REPORT #2: RACIAL DISCRIMINATION—EMOTIONAL DISTRESS
REPORT #3: WORKERS’ COMPENSATION—PERSONAL INJURY
REPORT #4: WORKERS’ COMPENSATION—HEARING LOSS
REPORT #5: WORKERS’ COMPENSATION (CLAIMANT)—CHIROPRACTIC
REPORT #6: MOTOR VEHICLE ACCIDENT—NECK, UPPER BACK, AND ANTERIOR KNEE
REPORT #7: BRAIN INJURY
REPORT #8: WORKERS’ COMPENSATION—LOWER BACK
REPORT #9: PERSONAL INJURY—MULTIPLE INJURIES
REPORT #10: WORKERS’ COMPENSATION—ARM INJURY
APPENDIX
By Steven Babitsky, Esq., James J. Mangraviti, Jr., Esq. and J. Mark Melhorn, MD ©2004 Seak, Inc.
Steven Babitsky, Esq., is the President of SEAK, Inc. He was a workers’ compensation trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. He is the founder of the National Organization of Social Security Claimants’ Representatives, the co-founder of the American Board of Independent Medical Examiners, and the creator of the AMA Guides Newsletter. Mr. Babitsky is the co-author of the texts Understanding the AMA Guides in Workers’ Compensation, Litigating Stress Cases in Workers’ Compensation, Cross-Examination: The Comprehensive Guide for Experts, Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, How to Excel During Cross-Examination: Techniques for Experts That Work, The Comprehensive Forensic Services Manual: The Essential Resources for All Experts, and How to Excel During Depositions: Techniques for Experts That Work. Attorney Babitsky is the co-developer of the “How to Be an Effective Medical Witness” seminar, the seminar leader for the National Expert Witness and Litigation Seminar and the annual IME Summit, and the scriptwriter for the videos “How to Be an Effective Medical Witness” and “The Expert Medical Deposition: How to Be an Effective and Ethical Witness.” Mr. Babitsky is the co-producer of the videotapes “How to Use the AMA Guides, Fourth Edition.” He trains hundreds of physicians every year.
James J. Mangraviti, Jr., Esq., has trained hundreds of physicians across the United States and Canada. He is a former trial lawyer with experience in defense and plaintiff personal injury law and insurance law. He currently serves as Vice President and General Counsel of SEAK, Inc. Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. His publications include the texts SEAK Law School for Physicians, Law School for the Safety and Health Professional, The Independent Medical Examination Report: A Step-by-Step Guide with Models, The Successful Physician Negotiator: How to Get What You Deserve, Understanding the AMA Guides in Workers’ Compensation, Litigating Stress Cases in Workers’ Compensation, Cross-Examination: The Comprehensive Guide for Experts, Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, How to Excel During Cross-Examination: Techniques for Experts That Work, The Comprehensive Forensic Services Manual: The Essential Resources for All Experts, and How to Excel During Depositions: Techniques for Experts That Work. He trains hundreds of physicians each year.
J. Mark Melhorn, MD, FAAOS, FAADEP, FACS, is an occupational orthopaedic physician who specializes in the hands and upper extremities. He received his BS from McPherson College and his MD from the University of Kansas. Dr. Melhorn is board certified in orthopedic surgery with added qualifications in surgery of the hand. In addition to his practice of orthopaedics at The Hand Center in Wichita, Kansas, Dr. Melhorn is a Clinical Assistant Professor, Section of Orthopaedics, Department of Surgery, University of Kansas School of Medicine–Wichita. He has authored over 150 articles, chapters, and publications about his research of workplace injuries and illnesses; return-to-work options; impairment and disability; and prevention of musculoskeletal pain in the workplace. He has lectured extensively to physicians, employers, insurers, administrators, and legislators on industrial, musculoskeletal, upper extremity disorders, and prevention of musculoskeletal pain (MSD) in the workplace. He is currently the Chairman for the American Academy of Orthopaedic Surgeons’ continuing education course on “Occupational Orthopaedics and Workers’ Compensation: A Multidisciplinary Perspective.” Dr. Melhorn serves on the Committee for Occupational Health and for Continuing Medical Education for the American Academy of Orthopaedic Surgeons, on the Industrial Injuries and Prevention Committee for the American Society for Surgery of the Hand, on the Return to Work Committee for the American College of Occupational and Environmental Medicine, and is a Musculoskeletal Chapter Reviewer for the American Medical Association’s fifth edition of the Guides to the Evaluation of Permanent Impairment. Dr. Melhorn is also a previous member of the Ergonomic Committee for the American College of Occupational and Environmental Medicine, he serves as faculty and 2004 co-chairperson for the American Academy of Disability Evaluating Physicians’ Annual Continuing Education Meeting, and is past president of the Kansas Orthopedic Society.
