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Get a comprehensive eleven page single spaced checklist to be
sure you are not missing important medical testimony that the physical
therapist can give the jury.
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You're a plaintiff's personal injury attorney? A checklist for their medical
testimony should be in your toolbox of forms. This legal form is designed for plaintiffs’ attorneys in
personal injury cases. It is based on the assumption that the
client has received physical therapy, and you want to maximize
the impact of testimony on the client's present and future
problems. Do not miss using the physical therapist in
personal injury cases.
"Physical
Therapists are a rich source of additional testimony available
to you. You just need to know what to ask."
Lawyers frequently overlook physical therapists when the
issue is proving the damages suffered by a personal injury
claimant. Don't be one of those lawyers! Read more -
scroll down - below
- about how physical therapists can help build damages testimony.
Over the years, this question checklist form
will save you hours of trial prep time. -- a real value for
the time it saves you!
But that's not all. This
checklist form gives you valuable ideas and advice on how to make
the direct examination of your physical therapist witness effective
in blocking defense attempts to minimize the injury.
Lawyers for claimants
frequently overlook the help that a physical therapist (PT) can
provide, both to the bodily injured client in restoring function
and reducing pain, and also proving the sequalae of the injury.
Testimony about the therapy given is part of what can used.
Better yet, the records of a PT often has more documentation of measurements
of functional loss (that is objective, reliable, and thorough),
than that of the attending medical doctor. A plaintiff who can
produce an impressive set of objective measurements of the
movement problems caused by the injury (thus confirming the
claimant’s testimony of impairment) has an advantage with the
jury.
Further, the PT’s records or testimony regarding the patient’s statements
of pain go a long way to inducing belief in the plaintiff’s
testimony as to how he/she hurt in the years before the trial
date. Remember Fed. R. Evid., Rule 803, and like state
rules allow the physical therapist to testify that the plaintiff
moaned and reported pain!
"(3)
A statement of the declarant's then existing state of mind,
emotion, sensation, or physical condition (such as ... mental feeling, pain, and bodily health)
is admissible as not subject to the hearsay rule.] [Emphasis
supplied.]
Using the PT to give reports of the plaintiff's pain is more
effective with the trier of fact that using the plaintiff or the
family of the plaintiff.
Start to understand how a PT can help you (as a claimant’s
lawyer) with testimony of limited future physical function, in settlements and trials, by reading the Bureau of Labor
Statistics description in its 2005 annual Occupational Outlook
Handbook.
Physical therapists.... examine patients’ medical histories
and then test and measure the patients’ strength, range of
motion, balance and coordination, posture, muscle performance,
respiration, and motor function. They also determine patients’
ability to be independent and reintegrate into the community or
workplace after injury or illness.... [Emphasis suppplied.]
Physical therapists are health care professionals who
treat medical problems that involve the abilities to move and perform functional activities in
daily life. Often, lawyers do not understand that PT’s
are medically trained to objectively describe the problems that limit movement and functional
activities, then “evaluate” the functional limitations on doing
work or daily activity. In short, they can say with
authority what the plaintiff cannot do in ordinary activities of
an occupation or the everyday movements of daily living.
Welcome to the 21st century of medicine! Today a new physical therapist cannot be licensed unless that
have a master's or doctor's degree from an accredited college.
(In all states, the accrediting organization does not accredit
schools that graduate physical therapists with only a bachelor's
degree.) The history of physical therapy as a profession
is illustrated by the
description given by the University of Minnesota.
“The Program in Physical Therapy at the University of
Minnesota began as a certificate program in 1941. It expanded to
a baccalaureate program in 1946, a master of science program in
1997 and a professional doctoral degree program in 2002. All
students entering the program and completing all requirements
graduate with a professional Doctoral Degree in Physical
Therapy.”
The University of Southern California today describes their
“entry level” physical therapy program,
with the following words.
"The Doctor of Physical Therapy (DPT) Program at the
University of Southern California prepares graduates to be
autonomous practitioners, capable of evaluating and treating
patients without the need for referral from another
practitioner, but ready to work in collaboration with other
health professionals. The Doctor of Physical Therapy is the
authoritative practitioner in the diagnosis and treatment of
movement dysfunction. " [Emphasis supplied.]
Think about it. Respected universities that
have medical schools train PT’s to be “capable of evaluating and
treating patients without the need for referral from another
practitioner,” and to be the professional person who is the
“authoritative practitioner in the diagnosis and treatment of
movement dysfunction.” That means you as a lawyer have a rich
source of additional medical testimony available to you. Do not miss out
of using that personal injury testimony!
Our # MED3434 Plaintiff's Checklist:
Direct Exam of Physical Therapist is a versatile form. You will
use it to:
- Suggest examination questions you want to ask the physical
therapist in your interview.
- Prepare your physical therapist for a deposition being
taken by the adverse attorney.
- Be your checklist of questions during his/her direct
testimony.
The best guarantee in
the law form business. If you do not agree this is
worth every penny, just ask for your money back in 60 days. You get your
money back!
You have nothing to lose!
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