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Q: How did OUM’s staff and your defense counsel support you through the process?


A: The claims process was pretty simple. The OUM Claims Department discussed the incident with me and advised they would put me in contact with defense counsel. Defense counsel was great; he explained the process and the plan which put me at ease. They were all very supportive and encouraged me about the strength of my case.


Q: When you learned more about some of the plaintiff’s claims and allegations, how did that affect you?


A: It was infuriating. I felt like the plaintiff was lying, and I could not understand how he could make such claims and allegations, especially considering that he was an experienced peer.


Q: Did this have an emotional impact on you and your health?


A: Definitely. There are times throughout the process you obsess and lose sleep. There were different periods of time where it was hard emotionally. The fact that you’re going in front of a judge and 12 jurors is just unsettling, and you question who they are going to believe.


Q: Did this affect your practice?


A: I think to some degree it did affect my practice. It caused me to question if I was doing what was right for a patient, or if I was going to see another lawsuit.


Q: Can you describe the uncertainty of choosing whether to proceed to trial versus settling the claim?


A: I relied on my team and their experience in helping me decide how to proceed. Both my attorneys and the OUM claims specialist attended the mediation with me, and we discussed the likelihood of success if we went to trial. We all agreed that we were only going to settle if the dollar amount made sense. Ultimately, the plaintiff’s demands were unreasonable, and we decided to proceed with trial.


Q: How was the trial process?


A: Leading up to trial, I went through the discovery process and a deposition. That early stage was more difficult because I had no notes, and had only my memory to rely upon. My defense counsel walked me through that early process, and prepared me for the types of questions I should expect. Once we started preparing for trial, it became easier because I had the discovery experience as a foundation. Of course, trial is very formal, but I was well prepared and had become more confident about the case with the encouragement of my defense counsel and OUM staff. I had such a good team representing me and they believed in me and the merits of the case. That helped a lot.


18 www .chirohealth.org


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