Wednesday, May 16, 2007

Finding Hay in a Needle Stack

I spent several hours late Monday evening outlining medical records for a very serious personal injury case I am preparing to file suit on. I was most curious to track the causation issues from initial treatment at the hospital to final discharge. My client ultimately had surgery to the c6-c7 disc as a result of herniation caused by the accident. The initial presentment at the hospital immediately post accident had my client complaining of finger numbness. Not every day I find such a clean connection. I was pleased. Next, as a matter of habit, I outlined all post hospital release treatment records looking for symptom inconsistency between doctor records and physical therapy records. I can not tell you the number of times I have a doctor's report saying he is doing better and a PT report saying the patient is unimproved and both occur on the same day and sometimes only hours apart. Finally, I look for symptom exacerbation and on this point I often notice the medical records state things like much improved released to full work only to find two weeks later problems worse with activities. Also, for serious injuries such as this case, I always find worsened conditions between October and March. The cold weather is a killer. I review the records in this manner because I know already the records are in evidence and some defense attorney is going to stand in front of the jury and say see he's lying look at the records better one day worse the next. I need to explain that apparent inconsistency. Now I can argue see his symptoms are affected by activities and weather. Argument preplanned is not paranoid. Unless it wakes you 2:30 am every night for a week.

Copy Right 2007 Your Maryland Lawyer and Maryland Injury Attorney

No comments: