conservative treatment of the cervical collar had it not been for the october twenty fourth chiropractic treatment at the end of the day given that opinion in the press and in the supreme court that was binding upon the trial court to construe that evidence in favor of christopher lee there isn't really a need to further discuss the possible cause issue was that opinion square with his testimony in pages fifty three through fifty five put in a call they have to consider several factors dr bernstein explained on p fifty one of the record that this should be treated service injury should be treated surgically when there is flesh an extension instability well and i think that there are two problems with that philosophy one is it implies that if it was if the injury wasn't caused by the new commission it must have been by the football game as opposed to any other thing in the whole world that could have happened and we don't know but to again it goes back to this whole issue which is i think and in correct dr bernstein is clear about two things while looking at his injuries that are so severe that they show up on an m r i require surgery which this one was not and that he could have been treated surgery you obviously you can't see into the person's neck to do surgery until you decide to do it so before that ever happens the process where the doctor has to say did you put him in a collar or do we prescribe surgery and the only information available to the doctors at that time is what's available from a clinical examination which didn't show a little mystere or wasn't available from an m r i which didn't show him living with this injury so based on the information that the doctors had available to them when they made this decision bernstein saying there wasn't a need for surgery the reason why surgery was prescribed was because of the ridiculous pain and that will need to happen because of the october twenty fourth manipulation so using the facts and people i mean and i should be it's capable of being answer from an m r i why didn't show up while they said first day of treatment october seventeenth two thousand and seven contributed to dr freeman performing the adjustment a week later and thereby was approximate cause of the need for show the vertebrae who are out of place and which can produce faster in his clinical venusian the big patient which showed that the patient was getting better over the course of the week he was treating the pain custom and practice and because he has no recollection of this brief discussion he had which was by the way the informal because he's he was called and asked to stop by the office to look at the films and top talk with doctors he didn't prepare a formal report occurred prior to this discussion or duckery or bakary to has involvement in the here so that's another basis that bottom down i thought that there was really no way to tell the age with the another doctor who was actually involved in the treatment what he thought of him what he would have done and anything in that whole issue is really the only purpose of the cif citation would fit squarely within this case because dr burstein is saying there may have been there was a litmus injury we know that from the surgery there are no may have been instability but i have i was treating this patient without clear evidence of a says the surgery was required based on his evaluation dr bernstein's opinion that she could have treated this patient differently conservatively even though he concedes with the  ruling regarding proximate cause the trial court left open the issue of whether there was a period of if he left or the issue of damages whether there was a period of increased pain between october twenty fourth treatment at the time of the surgery or so this would have fit whatever he'd been suffering christopher really experienced in those short period of days rather than trying a case on that issue of necessitated by the particular pain that started us of the october twenty fourth manipulation we will bring back to the trial back to give them the opportunity your honor i would like to talk about the issue the opposing counsel raised  he still went back to his opinion that christopher really would have recovered word not for the service are worried about for the october twenty fourth treatment and cervical collar would have been good enough in the surgery the doctor inertia did it's worth pointing out its own the body would have resorted at the ridiculous he would have been stopped but instead you have a child here with shooting pain down his arm and rather than putting him in a certain color and letting the body resort of the bone over a slow period of time the issue is addressed surgically there would not be any need to address that pain surgically had not been for the october twenty fourth treatment because of the pain is there any concern about the actor or ninety game where he played almost the entire game does anybody care about the deaths after the first injury it hasn't really been addressed in the briefs that hasn't really been addressed in the opinions and ultimately whatever the injuries christopher