Scott D. Misek, DC, DABFP, DABCC, CDE I, CHCQM

4852 S. 133rd St., Ste. 103
Omaha , NE 68137
Mobile: 402-630-2670
Office: 402-896-6131
Fax: 402-896-8398
Introduction

Dr. Misek is a 1990 graduate of Northwestern College of Chiropractic in Minneapolis, Minnesota and maintains a private practice in Omaha, Nebraska. He maintains active licenses in both Nebraska and Iowa. In addition to his private practice, Dr. Misek has undergone over 500-hours of post-graduate coursework in Chiropractic Forensics. Dr. Misek holds a Diplomate status from the American Board of Forensic Professionals and the American Board of Chiropractic Consultants. Additionally, he is certified in impairment rating (5th and 6th Editions of the AMA Guides) and is board certified in disability evaluations through the National Association of Disability Evaluating Professionals. Dr. Misek is one of 25 chiropractors nationally, who has attained board certification through the American Board of Quality Assurance and Utilization Review Physicians.

Dr. Misek provides services in claims review, Independent Medical Examination, Medical malpractice consultation, impairment ratings and audits and professional consulting. He served as the Secretary to the Council on Forensic Sciences and sits on quality assurance boards and medical review panels for various insurance companies and managed care organizations in the Midwest.

Dr. Misek has lectured to different state chiropractic associations, the Council on Forensic Sciences and numerous insurance companies and legal entities about clinical documentation, quality measures, chiropractic coding and billing as well as risk management, fraud and abuse issues. Lastly, Dr. Misek serves as a special academy instructor for the National Insurance Crime Bureau.


Areas of Expertise
  • Chiropractic
  • Health/Medical/Disability Insurance
  • Independent Medical Examinations
  • Insurance Fraud
  • Medical Insurance
  • Medical Malpractice
  • Medical Records
  • Personal Injury
  • Risk Management

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Chiropractic, State of Nebraska, License # 982
Chiropractic, State of Iowa, License # A05510

Fellow, American Board of Quality Assurance and Utilization Review Physicians (FABQAURP)
Fellow, American Institute for Healthcare Quality (FAIHQ)
Diplomate, American Board of Quality Assurance and Utilization Review (ABQAURP)
Diplomate, American Board of Chiropractic Consultants (ABCC)
Board certification in Health Care Quality Management (CHCQM) through the National Board of Medical Examiners (NBME)
Diplomate, American Board of Forensic Professionals (ABFP)
Certified, Independent Medical Examiner (IME)
Certified, Impairment Rating, 6th Edition of the AMA Guides
Certified Disability Examiner, Category 1 (Physician Status)
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: American Chiropractic Association (ACA)
Nebraska Chiropractic Association (NCPA)
American Institute for Healthcare Quality (AIHQ)
American Board of Forensic Professionals (ABFP)
American College of Chiropractic Consultants (ACCC)
National Association of Disability Evaluating Professionals (NADEP)
American Board of Quality Assurance & Utilization Review Physician, Inc. (ABQAURP)
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Featured speaker at the Iowa Defense Counsel Association’s 55th Annual Meeting & Seminar, “Utilizing the Forensic Chiropractor in Bodily Injury Litigation.” Embassy Suites Hotel, Des Moines, Iowa, September 2019.

Speaker for CEU Institute, “Independent Medical Examinations.” Applied Underwriters, Omaha, Nebraska August 2019.

Featured speaker at the Nebraska Chiropractic Physicians Association Fall Convention, “Risk Management for Today’s Chiropractor: Operational and Staff Risks”. Embassy Suites Hotel, Lincoln, Nebraska, August 2019.

Featured speaker at the Nebraska Casualty Adjusters Workshop, “Deconstructing the Chiropractic Bodily Injury Case - An Application of Standards of Care and Evidence-Based Outcomes.” Farm Bureau Insurance Company, Lincoln, Nebraska, March 2018.

Featured speaker at the CompResults CompTalk Omaha, “Effective Management of Chiropractic Claims in Worker’s Compensation.” Strategic Air and Space Museum, Ashland, Nebraska, April 2012.

Featured speaker at the Nebraska Chiropractic Physicians Association Spring Convention, “The Shifting Health Paradigm: Measuring Quality in the Chiropractic Setting.” Embassy Suites Hotel, Lincoln, Nebraska, March 2011.

Featured speaker at the Minnesota Chapter of the International Association of Special Investigative Units (MN-IASIU) Spring Seminar, “Investigating Fraud and Abuse in a Chiropractic Setting: An Interactive Workshop for Special Investigators and Adjusters.” Hampton Inn, Shoreview, Minnesota, April 2007.

Featured speaker at the Iowa-Nebraska Chapter of the International Association of Special Investigative Units (IA-NEIASIU) 9th Annual Training Seminar, “Chiropractic Fraud and Abuse: A Forensic Perspective.” Sheraton West Des Moines Hotel, Des Moines, Iowa, October 2006.

Featured speaker at the Nebraska Department of Insurance – Insurance Fraud Prevention Division’s 6th Annual Insurance Fraud Conference, “Chiropractic Fraud and Abuse: A Current Review of the Profession.” Eugene Mahoney State Park, Ashland, NE, June 2006.

Featured speaker at the Nebraska Association of Legal Assistants Spring Seminar, “Challenges and Issues Encountered in Soft Tissue Litigation – A Forensic Perspective.” The Holiday Inn Convention Centre, Omaha, NE, May 2006.

Academy Instructor for the National Insurance Crime Bureau’s (NICB) Advanced Special Investigations Academy, “Chiropractic Fraud: A Forensic Analysis of Standards of Care and Case Management.” Hilton Hotel, Minneapolis, MN, April 2006.

Featured speaker at the American Association of Legal Nurse Consultants (AALNC) 17th National Educational Conference, “Utilization of the Forensic Chiropractic Professional by the Legal Nurse Consultant.” The Hilton Hotel, Atlanta, GA, March 2006.

Featured speaker at the College on Forensic Sciences Advanced Forensic Workshop, “Expert Witness Bias – A Practical Approach for Promoting Objectivity and Ethical Conduct in Medicolegal Contexts.” The Radisson Riverfront Hotel, St. Paul, MN, September 2005.

Academy Instructor for the National Insurance Crime Bureau’s (NICB) Advanced Special Investigations Academy, “Undercover Medical Clinic Investigation: An Interactive Workshop for Special Investigators.” Marriott Hotel, Providence, RI, April 2005.

Speaker for the Nebraska Chiropractic Physicians Association Spring Convention, (2 mandated CME hours), “Understanding Fraud and Abuse in the Chiropractic Office.” Lincoln, NE, March 2005.

Instructor for the National Insurance Crime Bureau’s (NICB) Property and Casualty In-Service Training, “Undercover Chiropractic/Medical Clinic Investigation.” Holiday Inn Hotel, Chicago, IL, November 2004.

Guest speaker at Mutual of Omaha’s Clinical Day 2004, “Chiropractic Case Management: An Application of Standards of Care and Evidence-Based Outcomes.” Mutual of Omaha Headquarters, Omaha, NE, October 2004.

Featured speaker at the College on Forensic Sciences Advanced Forensic Workshop, “Drafting a Defensible IME Report.” The Renaissance Vinoy Resort, St. Petersburg, FL, September 2004.

Speaker for Farm Bureau Insurance’s Customer Service Representative Conference, “Soft Tissue Injuries: Chiropractic Case Management, Treatment Guidelines and Standards of Care.” Overland Park Marriott, Overland Park, KS, August 2004.

Speaker for the Intracorp™ seminar series, “Chiropractic Case Management: A Forensic Perspective.” Park Plaza Regency Lodge, Omaha, NE, May 2004.

Speaker at the Lincoln/Omaha Claims Adjusters Fall Conference, “Evidence Based Chiropractic: A Practical Application of Guidelines and Standards of Care.” Eugene Mahoney State Park, Ashland, NE, October 2003.

Speaker for the Nebraska Chiropractic Physicians Association Spring Convention, (2 mandated CME hours), “Risk Management: Utilization Review and Malpractice Issues for the Chiropractic Profession.” Lincoln, NE, March 2003.

Keynote speaker for the Indiana State Chiropractic Association Fall Convention, (16 CME hrs), “The New Millennium Chiropractic Survival Guide and Construction of an Adequate Patient File: The Reviewer’s Perspective.” Indianapolis, IN, October 2002.

Speaker at the National Society of Professional Insurance Investigators Fall Convention, “Forensic Chiropractic and Fraud Prevention.” Indianapolis, IN, August 2002.

Advanced Medical Topics Series at American Family Insurance Company, “Utilizing the Forensic Chiropractic Professional.” Omaha, NE, April 2002.


Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: 250+
Q: For what area(s) of expertise have you been retained as an expert?
A: Chiropractic Standard of Care
Chiropractic Ethics
Chiropractic Malpractice
Insurance Fraud and Abuse
Chiropractic Records Reviews
Chiropractic Case Management
Soft Tissue Injuries
Chiropractic Board Investigation
Q: In what percentage of your cases were you retained by the plaintiff?
A: 10%
Q: In what percentage of your cases were you retained by the defendant?
A: 90%
Q: On how many occasions have you had your deposition taken?
A: 20+
Q: When was the last time you had your deposition taken?
A: 2019
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 15
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 15
Q: For how many years have you worked with the legal industry as an expert?
A: 20
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Forensic Investigation of Chiropractic Case Management
Independent Medical Examinations
Malpractice Investigations
Impairment Ratings
Standard of Care / Ethics Investigation
State Board Investigations
Medicare / Medicaid Investigations
Disability Examinations
Professional Speaking
Chiropractic Records Review
Sexual Misconduct Investigation
Q: What is your hourly rate to consult with an attorney?
A: $350/hr.
Q: What is your hourly rate to review documents?
A: $175/hr.
Q: What is your hourly rate to provide deposition testimony?
A: $800
Q: What is your hourly rate to provide testimony at trial?
A: $625 - (4) hours minimum
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Malpractice Investigation Consultant Retainer - $1,500
Independent Medical Examinations (IME's) - $1,300
Functional Capacity Evaluations (FCE's) - $1,300
Telephone Consultation - $175/hour
Impairment Rating - $600

References

Mr. Brian D. Nolan
Nolan Olson & Stryker
444 Regency Parkway Dr., Ste. 109
Omaha, NE 68114
(402) 932-5126
bnolan@nolanolson.com

Ms. Apryl M. DeLange
Hopkins and Huebner, PC
2700 Grand Avenue, Ste. 111
Des Moines, IA 50312-0111
(515) 244-8935
adelange@hhlawpc.com

Ms. Karen Bailey
Engles Ketcham Olson & Keith, PC
1700 Farnam Street, Ste. 1350
Omaha, NE 68102
(402) 348-0900
kbailey@ekoklaw.com