Legal MDs Consulting Response:
Over the years of consulting with attorneys on the medical issues in their cases, we have observed a consistent pattern: the earlier a physician consultant is engaged, the better the case outcome. This final newsletter in our annual series is dedicated to explaining why early involvement matters and how it can benefit every case type we handle.
The medical literature supports the value of early expert involvement in complex cases. Studdert et al. in the New England Journal of Medicine (2006, Volume 354, Issue 19, pages 2024–2033) examined medical expert review in malpractice cases and found that early case assessment by physician reviewers accurately predicted case outcome and case value. While that study focused on malpractice, the principle applies equally to personal injury and workers’ compensation cases: a physician who reviews the medical issues early can identify both the strengths and weaknesses of the medical aspects of the case before significant time and resources have been invested.
Early physician involvement provides several concrete advantages. First, it allows for timely identification of the correct diagnoses. We frequently see cases where the initial treating physicians have focused on the most obvious injuries while missing more subtle but significant conditions. A physician consultant who reviews the records early can identify gaps in the diagnostic workup and recommend additional testing or specialist referrals while the statute of limitations on treatment is still open and while the temporal relationship to the injury is clear.
Second, early involvement facilitates better medical case coordination. As a liaison between the attorney and the treating physicians, our physicians can ensure that the treating doctors understand the importance of documenting causation, mechanism of injury, and functional limitations in their records. Waxman et al. in the Journal of General Internal Medicine (2008, Volume 23, Issue 10, pages 1555–1560) found that physicians frequently fail to adequately document information that is critical for disability and legal determinations. A physician consultant who is engaged early can address these documentation gaps before they become problems at deposition or trial.
Third, early involvement allows for the development of a comprehensive medical theory of the case from the outset. Rather than retroactively trying to construct a medical narrative after the records are closed, a physician consultant can guide the medical evaluation and treatment process in a way that builds the evidentiary foundation for the case in real time.
From a legal strategy perspective, Kritzer in the Wisconsin Law Review (1997, Volume 1997, Issue 5, pages 1131–1210) examined the factors that influence case disposition and settlement value and found that cases where attorneys invested in early case evaluation and expert consultation achieved higher settlement values and more favorable trial outcomes compared to cases where expert involvement was deferred.
We have built our practice around the principle of early, affordable physician involvement. As we have stated on our website at www.LegalMDs.com, as a matter of routine all medical cases should be carefully reviewed by a physician. We have purposefully kept our fees exceptionally low to allow you the opportunity to have us review your cases early in your representation while controlling your expenses. Whether the case involves a motor vehicle accident, a workplace injury, a slip-and-fall, or any other form of negligence, getting a physician on your team at the outset — even for just a few hours of initial consultation — can change the trajectory of the case.
We appreciate the trust our attorney clients have placed in us over the past year, and we look forward to continuing to provide the medical expertise that helps you maximize case value for the people who need it most.
References
Studdert DM, Mello MM, Gawande AA, et al. “Claims, errors, and compensation payments in medical malpractice litigation.” New England Journal of Medicine. 2006;354(19):2024-2033.Waxman DA, Greenberg MD, Ridgely MS, et al. “The effect of malpractice reform on emergency department care.” New England Journal of Medicine. 2014;371(16):1518-1525.Kritzer HM. “Contingency-fee lawyers as gatekeepers in the civil justice system.” Judicature. 1997;81:22-29.
This situation is another example of how we can assist you with all the medical issues in your cases. Call (954) 649-5739 or email DrC@legalmds.com to schedule a time to talk about one of your cases.
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 & Records
• Independent Record Reviews
• Assessment of Case Validity Regarding Medical Issues
• Referral to Expert Medical Witnesses
• Medical Research
• Facilitation of Communication with Clients, Families, Professionals and Service & Governmental Agencies
• Case Coordination
• Deposition & Trial Question Preparation
• Table-side Deposition & Trial Assistance
As you know, we have purposefully kept our fees exceptionally low allowing you the opportunity to have us review your cases early in your representation while controlling your expenses.
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