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Azarian v. Witte9/4/2001
A: In 1997?
Q: Yes, sir.
A: Probably.
Q: And can we agree, sir, that for 1997, 1998, and 1999, that that figure has been consistent; that approximately 30 to 40 percent are patients that you see for independent medical evaluations and examinations?
A: I guess so. Again, I don't keep statistics. I am just giving you a guesstimate.
Q: And when you gave those guesstimates under oath in other cases, and in giving a guesstimate here, you were trying to be as accurate as possible; is that correct?
A: Yes.
Q: Now, when we talk about doing independent medical examinations and evaluations, we are talking about a patient coming into you, whether it is from an attorney, or a workers compensation insurance carrier, or another insurance company, and they usually come with paperwork, with records, from other physicians who have seen the patient, right?
A: Paperwork usually arrives well ahead of time.
Q: So you have to sit down and go over that paperwork, and review it, in order to prepare to effectively and competently examine the patient when they come into the office, correct?
A: The paperwork allows me to effectively take a good history, or get a good history of what has happened since the injury occurred.
Q: But it makes it easier for you to know what is going on?
A: It gives me background information.
Q: And that after you complete that examination, you have to prepare a report either to the attorney or to the workmen's compensation carrier, or whoever sent you the patient, correct?
A: That's correct.
Q: And that would then summarize your findings, and opinions, right?
A: Correct.
Q: And then as needed you have to then provide additional assistance in the litigation process to either the insurance carrier or to the attorney to discuss your report over the phone, or perhaps in a face-to-face conference, in order to educate them and apprise them as to what that report means?
A: Seldom does it get that far. Usually my reports are pretty straightforward, but occasionally I have to speak to an attorney or adjustor, or whatever.
Q: Now, in addition to doing independent medical examinations and evaluations, you have your own patients that are referred to you by these attorneys and by others for treatment; is that right?
A: That's correct.
Q: That there is this section, which is the independent evaluation section, and then there is the section of patients from attorneys for treatment. And what percentage is that, the rest of it?
A: Nowadays, I guess it would be five percent or so.
Q: Okay. How about in `96, `97, and `98?
THE WITNESS: I don't recall. Back then it might have been higher. Nowadays, there are big clinics that are owned by doctors and attorneys that do most of the personal injury work. So now it is about five percent probably. Back then it might have been 20 or 25 percent.
Q: And back then we are talking about `96 through `98?
A: Whatever year you brought up.
Q: Okay. Now, when you see these patients for treatment, you kind of have, if I can, use the phrase of a dual capacity, in the sense that you are obviously treating them for the medical problem that they present to you for.
But at the same time you are providing an ongoing, updated report to the attorney, or to the insurance carrier, about how this patient is doing and how this is progressing by basically sending them copies of your office notes on an every visit basis
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