Let’s examine the issue of writing your first consultation report. What do you think the attorney needs to see?

The first thing I write is an introductory paragraph that cites the patient’s name, claimed injury, and brief description of that injury. End it with your opinion, right up front. This may be the last sentence you actually write, but it should be one of the first he sees (I refuse to be gender PC; it is too much effort.)

If you are working for a plaintiff attorney and feel there is merit, you might then have a section that lists the supportive evidence. Bullets are great for this. Follow with mitigating information that may work against the patient – if you do it in a paragraph form, you still provide the information but allow your positive bullet points to take center stage.

If it is a defense report, which mine usually are, I often begin with a bullet list of pre-existing or concomitant conditions that influenced the outcome of the injury. If these conditions are likely to be unfamiliar to the attorney, I will footnote rather than clutter up this section. If there is factor that begs for a graphic I will add it (who wants to describe a foot orthotic or a fundoplication or ICP screw when a simple image says everything). I only use one or at the most to maximize the impact without my report resembling a comic book.

What comes after depends upon the type of report. If you have done a chronology, do not spit all that data into the report – that is why you have a chronology. If it is a stand-alone report, you will want more information about the timeline of events and injury.

This is where I would address standards of care, if applicable, contributory negligence, and how the case might have resolved but for those issues, whatever they may be.

If I can clearly see where the other side is going to attack, I will point that out but offer the medical rebuttals for the attack.

I like to end with a list of considerations for the attorney to pursue. This includes the experts that he will need to support his case, specific records to request (always get the ones that predate the event and the most recent since you will rarely have all of either). No matter how strongly I feel about what happened, I always include something to the effect of “An orthopedic surgeon will be needed to confirm the…” because I do not want the attorney to base his case solely upon my opinion. Many times, however, they have done just that, and with great success. As long as I have that sentence in there, the onus is upon them to determine how they wish to manage their own case.

Things I like:

• Bullets, as mentioned – using phrases instead of complete sentence structuring allows me to express things succinctly and with more impact
• The use of only one font unless I do something different in a section header
•  When I bold a header, I do it in a dark gray so that it stands out but isn’t too heavy. Like this:______________________________________
                             Pre-Existing Conditions 
• Sentences that are no longer than the ones in this blog
• A header beginning on page two that lists “Confidential Attorney Work Product”, with case name under that and the page number under that.
• A complete absence of the use of first person – it is obviously my opinion, but attorneys do not use first person and neither do we.
• Absence of emotional input – state the facts clearly and strongly and they will speak for themselves – “this poor dear lady” is just not my style and does nothing to support the case. The attorney has already used an abundance of that language in his pleading.
• I end with appreciation for the consult, state my availability for further communication and review of the requested medical records as they arise
• I sign with “Respectfully Submitted” even if it is an attorney I work with all the time, because it is respectfully submitted
• If I used reference materials for the report, I will cite them.
• I use folders that are hard on the outside (they come in different colors), and have 2 or 3 separators inside, with 2-hole punch on the top. This allows you to organize your presentation in a visually appealing way. I put the report on the inside left, the chrono on the right; turn that divider over and use the remainder for supportive research articles. I staple my business card to the cover. I include my invoice in a white envelope paper-clipped inside so they do not miss it but it is not the first thing they see. 

You will find a way that works best for you.

Comments Off   |   Posted in Blog August 16, 2011

Comments are closed.