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Law Humor

: Say What!

By Judge Jerry Buchmeyer

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May 1994 - Ask a Written Question

From Jerry W. Corbin of Denver City, who represented the plaintiff in an automobile accident case along with Steve Clark of Andrews, this excerpt from written interrogatories submitted to a doctor - who was "a little more than upset with lawyers in general and this case in particular":

Q. Doctor, please explain the difference between objective and subjective complaints.

A. A lot.

Q. Doctor, aren't some examples of subjective symptoms or complaints such as pain, numbness, tingling, and stiffness?

A. Could be.

Q. Doctor, as a physician, do you accept the plaintiff's word that he has subjective complaints such as pain, numbness, tingling, and stiffness, and don't you have to rely upon what he tells you about those subjective complaints?

A. I reckon. It's a stupid question.

Q. Doctor, have you not had patients in the past who have exaggerated or misstated their subjective complaints?

A. Mostly I've just - could be. Mostly I've had stupid questions coming from attorneys.

Q. Doctor, are you aware of studies that indicate that persons who have pending litigation as a group take longer to improve than others?

A. I can't quote those studies, nothing here to verify that.

Q. Doctor what is "secondary gain" or "malingering"?

A. Kind of like being an attorney.

Full post as published by Say What! on September 11, 2009 (boomark / email).

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