NOVEMBER NEWSLETTER: WHAT MAKES A GOOD MEDICAL REPORT?

Trial lawyers advocate for their clients by telling their clients’ stories. As your medical-legal consultants, we strive to illustrate a picture of your client’s injuries to best support your case. We know what should go into a medical report to maximize value, and we understand our audience.    

Most physicians do not address causation…

A good medical report from an adjuster’s point of view (and ours) needs to include opinions about injury causation and the mechanism of action.  When appropriate, we write about causation concerning every ongoing injury in every report and the mechanism of injury.

We also have helped act as a liaison between attorneys and treating doctors to help the treating doctors write reports in such a way as to help the client and the case. We believe many treating doctors fear winding up at trial or deposition and thus do not want to write about causation. However, we understand that when physicians give an opinion regarding causation, the case may be easier to settle and create less reason for them to act as an expert witness.  

A note on treatment…

A good report from an adjuster’s standpoint should also include an opinion about treatment. We will opine regarding treatment rendered and comment on all treatment rendered as reasonable, medically necessary, and related to the accident when appropriate.

Q: What are red flags to be avoided?

Doctors should not use a canned report, as adjusters and attorneys usually see more than one of their reports.  Also, good reports do not use incorrect pronouns or facts about loss and/or injuries. Additionally, it is imperative to use correct codes if the report includes these.  

MD LEGAL CONSULTING STRATEGIES

We explain pre-existing conditions and apportion what part of a client’s pre-existing condition was exacerbated by the accident.  In addition, it is not uncommon for a client to be in multiple accidents.  In this case, the client may have experienced a low back injury in each accident.  We will give our best estimation of apportionment regarding current symptoms and the accident in question.

LET US KNOW HOW WE CAN HELP YOU

  • Medical Summary Reports for Settlement Letters
  • IME Observation & IME Rebuttal Reports
  • Reports Answering Specific Medical Questions
  • Standard of Care Reviews
  • Liaison with Treating Doctors
  • Help with Strategies to Promote Medical Theories
  • Interpretation of Meaning, or lack thereof, of Medical Reports and Records 
  • Independent Record Reviews
  • Assessment of Case Validity Regarding Medical Issues
  • Referral to Expert Medical Witnesses
  • Medical Research
  • Facilitation of Communication with Clients, Families, and Professionals 
  • Facilitation of Communication with Service and Governmental Agencies
  • Case Coordination
  • Deposition & Trial Question Preparation
  • Table-side Deposition & Trial Assistance