resume

66 – Dorothy Clay Sims & Dr. Oregon Hunter – The Lawyer-Doctor Duo: Exposing Deceptive Defense Doctors

In this Trial Lawyer Nation podcast, Michael sits down with attorney Dorothy Clay Sims and Dr. Oregon Hunter to discuss their research on defense-paid medical witnesses. They’ll discuss how the pair became involved in this research, Dorothy’s book “Exposing Deceptive Defense Doctors,” Dr. Hunter’s published study on the subject, and take an in-depth look at Dorothy’s favorite tactics for exposing deception in defense doctors.

The episode begins with a brief overview of what Dorothy and Dr. Hunter each do and how they became involved in it. Dr. Hunter focuses on watching video tapes of defense medical exams and generating charts of everything the “expert” lied about in those statements. In his initial study, he’s sad to say they lied or misrepresented the facts 100% of the time.

Dorothy explains how she used to have a large worker’s comp practice in Florida when she noticed a pattern – 60 of her clients were found to be malingerers by a Harvard-educated, smooth talking defense doctor. He was giving them all the same test, the MMPI (Minnesota Multiphasic Personality Inventory). Dorothy decided to sit down with the doctor who first created the test and found that the defense doctor was completely misrepresenting the results of the test. She even got the doctor who created the test to sign an affidavit saying, “If he was a student, I’d flunk him.”

This sparked a deep interest in the subject, and she began researching other tests to see how they’ve been manipulated to serve the interests of the defense. As her work gained more attention, she began receiving phone calls from David Ball himself telling her, “You’ve got to write a book, dammit. You’ve got to do it!” So, she complied and wrote “Exposing Deceptive Defense Doctors,”which Michael describes as “the Bible” for any case where you have a doctor on the other side.

Dorothy goes on to share some of her more shocking findings, from 40% of defense doctors lying about their degrees, to a doctor who was fired for stealing from a poor patient’s medical fund to pay for prostitutes. She also shares some creative resources she uses to find this information and implores all plaintiff attorneys listening to do their due diligence whenever there’s a doctor on the other side trying to discredit their client.

Dorothy then shares her detailed, organized method for marking up her depo notes, allowing her to go into every defense doctor deposition prepared with the pertinent information (and a record of their lies). She has now compiled 30,000 pages of information on thousands of defense doctors, which she is willing to share with any plaintiff lawyer interested.

The conversation shifts to Dr. Oregon Hunter, whose published study on the subject.  He explains how if you look at the medical exams from defense doctors, they will appear at face value as an exam of a perfectly healthy person. But when he watches the video tape of the exam, all he can say is, “Oh my god.” He goes on to share countless examples of doctors who claimed they conducted a test, but either didn’t conduct the test at all or were so sloppy about it that there’s no way they could actually tell if the client was injured or not. He also shares how they’ll often use templates which contain information that has nothing to do with the person they’re examining. For example, a patient’s ankles were described as “normal,” but there was just one issue – the patient’s legs had both been amputated.

Michael then asks Dorothy, what are some other things we need to look out for when they’re “trying to pull the wool over our eyes?” Dorothy shares her experience with brain scans and the defense doctor showing slices of the scan which do not show damage, when there are other slices which show the damage much clearer. She continues with other examples of similar practices with different injuries and concludes by emphasizing the need to always be on the lookout for “false choices.” For example, the defense will say a client who had preexisting arthritis cannot have a herniated disc from the crash, when in reality you can have both.

Michael continues on this note by sharing a story of a radiologist who attempted to re-define the word “trauma” for the sake of the defense argument. After finding the book the doctor was referencing (MRI of the Brain and Spine by Scott Atlas) Michael uncovered a paragraph which states, “there is no legal or factual basis to date when a herniation happened from looking at an MRI.” After bringing this up in the deposition, he effectively ended the radiologist’s testimony career.

The episode concludes with Dorothy’s final words of advice for deposing defense doctors. She recommends numerous helpful strategies, including having the plaintiff present when the doctor calls them a liar, having your own doctor present to induce what Dr. Hunter calls “the halo effect,” and finally (and most importantly) do your research. Does the doctor say they are board certified? Look into the organization (one even certified a cat). Does their CV say anything about Harvard? Definitely look into that, as she’s found 80% of defense doctors with Harvard on their resume are lying about it. Utilizing this advice and the excellent resources mentioned in this episode will ensure that even if the defense doctor is lying through their teeth, you won’t let them get away with it.

This podcast also covers gaining permission to video record defense doctor exams, sociopathy in defense doctors, what “grossly normal” on a report really means, the importance of reading the literature the defense doctor cites, and so much more.

You can reach Dorothy Clay Sims via email at dcs@dorothyclaysims.com and through her website at https://dorothyclaysims.com/.

 

Bio:

Dorothy Sims and her team combine decades of experience in medical, legal, and research fields.

On a daily basis, Dorothy consults with attorneys throughout the U.S., to provide methods of expert testimony cross-examination. If an attorney requests, Dorothy can depose experts herself. For more information about her consulting, visit the Consultations page .

Dorothy’s practice includes numerous other projects and philanthropic work. She is frequently invited to in-house seminars for lawyers and law firms on researching and cross-examining. She has given over 350 speeches internationally on medical/legal issues throughout the world and is often invited as the state keynote speaker. She has spoken in almost every state in the United States including Hawaii and Alaska. She has also been a featured speaker in Paris, France, Jaipur, India, and twice in Kyoto, Japan.

She has authored chapters in books with individuals such as David Ball and Don Keenan as well as Dr. Michael Freeman. Dorothy donates a percentage of her book profits various organizations including the American Association for Justice and the International Federation for Human Rights. Her book, “Exposing Deceptive Defense Doctors ” was a best seller for 3 years in a row and went into reprint status soon after publication, unheard of in the industry. She has also authored two children’s books for parents who are injured. The books are available for free upon request. She has also authored articles in national publications to include the Champion MagazineTrial Magazine (The American Association for Justice Journal) most recently on the cover of the December, 2015 issue, and Brain Injury Professional.

About Dorothy Sims

Dorothy received both her undergraduate and law degree from the University of Florida; and studied international law at Oxford University. She is licensed in the state of Florida, US District Court – Northern District of Florida, US District Court and the Middle District of Florida. She has also cross examined experts in many states throughout the US.

Dorothy initially represented miners in Kentucky who were denied black lung benefits. Going down into the bowels of a mine in Eastern Kentucky, she felt vibrations as the miners “shot coal” (exploded portions of the face to loosen the coal). Despite wearing a mask, her trip left her coughing and sneezing coal dust for days; leading to a newfound respect for the dreaded pneumoconiosis suffered by miners who had spent decades in the mines.

After representing coalminers, Dorothy began representing workers who were injured and denied medical care. She co-founded the Florida Workers’ Advocates – the state’s first watchdog over the insurance industry devoted to serving injured – and eventually served as president.

For over a decade, Sims volunteered time to lobby on behalf of the injured and was the first woman to be elected Chair of the Florida Bar Worker’s Compensation Section in its 22-year history. She also served as President of the Marion County Bar Association.

While practicing law, she began to notice an alarming pattern. Forensic experts hired by the other side were reaching conclusions by (1) misrepresenting the science (2) ignoring the science (3) misrepresenting the facts and/or their examination and/or (4) testifying beyond their own training and education.

About Dr. Oregon Hunter

Dorothy’s most recent addition to her team is Dr. Oregon K. Hunter, MD – a medical doctor licensed in Florida – who currently works on cases with Dorothy and other lawyers to determine if misrepresentations are made about the science. If you provide notice to defense counsel, he can attend a deposition as a non-testifying consultant. He can remote in for mediations to explain medical issues to the defense in support of the plaintiff’s case. He watches videotapes of defense exams and provides an analysis for lead counsel explaining what the other side’s expert misrepresented. For an example of an evaluation of a case conducted by Dr. Hunter in which the expert’s exam was videotaped contact us here.

Dr. Hunter is board certified in Physical Medicine and Rehabilitation and practiced medicine in Hawaii, California and Florida. He joined Dorothy’s team in 2015 and is an invaluable asset in reviewing cases.

Dr. Hunter is also available to attend mediations by video and explain weaknesses in defense’s position. Attorneys Evan Lubell (elubell@floridalegalrights.com) and Dan Ramsfeld (dan@ramsdelllaw.com) can be contacted as references for Dr. Hunter’s recent participation in their case.

 

11 – Morgan Matson – A 360˚ Look at Legal Industry Recruiting

1 Stars2 Stars3 Stars4 Stars5 Stars (1 votes, average: 5.00 out of 5)
Loading...

In this Trial Lawyer Nation podcast, Michael Cowen sits down with a licensed attorney and founder of Preferred Counsel, Morgan Matson. Morgan specializes in connecting job seekers with great firms and vice versa for law firms and legal departments in companies of all sizes who are looking for legal talent.

Starting as a litigator doing mass pharma defense work, then moving on to work for a smaller boutique firm handling medical defense litigation, Morgan found his purpose to be more of a “connector” than a “divider” which then drove him to start working for a recruiter and ultimately owning his own recruiting firm since 2007. He notes his enjoyment for working with small to mid-sized law firms mainly due to finding that “all the boxes that need to be checked” when those firms are looking for a candidate, become amplified when the office dynamics are much more close-knit than in a larger firm.

In a world that has taken “digital” job searches to seemingly every corner of the globe, Morgan is not only happy to be a legal “headhunter” but explains that his localized, relationship-driven recruiting tactics actually have an even greater competitive advantage in this day and age. Morgan leverages his experience as a litigator to find the needle in the haystack for law firms, oftentimes finding the people who are NOT actually looking to make a move to be the best candidates as they are happily working … until Morgan calls with a very unique opportunity. Michael also points out from his own experience the troubles that come with having to sift through hundreds of resumes and find many with exaggerated qualifications.

For those who are looking to break into the legal industry, Morgan sites that recruiters can be an extremely good resource along with professional social media platforms, such as LinkedIn. Morgan elaborates on LinkedIn as being a fairly under-utilized resource in that there are many groups you can join and ways you can find commonalities with others who are doing what you want to be doing, at which point you can connect with them and find out if there is an opportunity foreshadowing or being hired at their firm. Michael and Morgan also discuss the need to get involved and start having conversations with those who you aspire to work with, whether that’s through attending CLE courses and starting conversations, or by simply picking up the phone and politely pursuing those who are either in the position you want to be in or who may have the ability to hire you. All of this contact, of course, should be done with respect and in search of understanding what it may take to achieve your career goals.

Morgan reveals several other tips for candidates and those looking to hire talented legal professionals throughout the podcast and ends with a striking description of his firm’s fee structure, for both candidates and employers, which is likely not how you think … remember, “relationship-driven.”  Michael also uncovers a particularly beneficial reason to utilize a recruiter which ALL law firm partners can certainly relate to. All in all, Morgan is the type of recruiting resource any candidate can appreciate and any sensible law industry employer needs.

Background on Morgan Matson

Morgan is a 1999 graduate of The University of Texas School of Law. From there, he worked as a litigation associate with Fulbright & Jaworski (n/k/a Norton Rose) and later Ball & Weed, a litigation boutique where his practice focused on the defense of healthcare professionals in civil litigation matters and before the state licensing boards. In 2007, he founded Preferred Counsel, a legal recruiting firm focusing on the placement of lawyers and support staff in law firms and corporate legal departments throughout Texas on a direct hire, contract, and part-time basis.

 

For more info on Morgan Matson visit:

www.preferredcounsel.net