Dr. Croft, a long-time veteran of the medicolegal arena will present 6 hours and Alexander Gelman, Esq., will present 6 hours. Mr. Gelman has been a civil trial attorney for nearly 30 years.  For over 20 years he was senior trial attorney and manager of staff counsel for a large national insurance company handling and teaching the defense side of injury cases.  He then moved to the plaintiff side and has been very successful as a personal injury plaintiff attorney in various counties of California.  He has been a college instructor and is a published author in the fields of communications and fiction.  Mr. Gelman has completed all modules of the Institute, as well as the Advanced Program, and has lectured on fields of trial work, doctor participation in depositions and trial, and use of trial exhibits and tests.  His offices are in Orange County, California.

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.


Chapter 2. Reporting

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


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.


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.


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.


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.


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.


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.


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.


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.


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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