"How do I organize notes for lawyers and when to deliver them"

Quickie Consult 1116
Lawyers and Medical 70 L

From the Desk of Dr. Mark Studin
Academy of Chiropractic

Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time. -Mark Studin 2006

"How do I organize notes for lawyers and when to deliver them"


Guest Doctor: My question is when you're done with the case, do you recommend printing out the notes and putting them into a file and hand delivering them or emailing the notes or sending them in an envelope or does it really matter?

Dr Studin: if matter's always face to face is better, but what good is a note to a lawyer if it's just like everyone else's note and they're not going to want to meet with you, it's a waste of their time, they're going to says just mail it tomorrow. That's not your goal. Your goal, and this is in the consultations, we go through this extensively. Your goal is to get a meeting with that lawyer to sit down because your goal is not to get them the records. Your goal is to get them to invite you into their office once a month to educate them and their staff on educational material that will help them prevail at a higher level. So the language should be on day one. When you meet, when you get your clients, your new patient, when you get your new patient, their client, and after you do your eval, your ENM report, it's all typed up. It looks pretty, it's compliant, it covers everything you need. That based upon a compliance review that we did. you call the lawyer and you get the lawyer on the phone and say, listen, I'd like to review with you the findings of your client and what the plan is so you understand what's going on, Mrs. Jones came in, she was in a rear end accident. It was pretty significant. her neck was killing her, pain radiating down our arms. We did a complete orthopedic neurological evaluation. I am sending harass for MRIs tomorrow. if we find that they are on the MRI, that there is any spinal cord, spinal nerve or problems, she's going to immediately go to a neurosurgeon. We're going to, if there's not several going to start her on a course of conservative management, I'll be managing her case. If the pain persists, we'll consider a pain management doctor. I don't really know what it's going to bring us, but right now she started with a neuro radiologist, not a general radiologist. Then there are radiologists within slice technology, which matters to legal community because you know it won't miss anything. Now what I'd like you to do, Mr Lawyer, is send me a release of records. So what I'm going to do in about six weeks times, I'm going to compile all of my records with your release in my file and then what I'm going to do is gather everything up and if anything significant is found, I'm going to give you a call. Maybe we'll down and I'll explain it to you. if it's pretty much nothing spectacular, I'll just send the records to you by scan and email or regular mail, whatever you want. But I need that release, that's after you saw your patient initially. And don't do any work on this file until I get you all those records. Six, eight weeks, we'll have a pretty good understanding of the type of case you have. Now let's just take that first encounter report, what you're saying to the lawyer is: I got your back. I'm working with a neuroradiologist. I'm going to consider a neurosurgeon to pain management. If it's really bad and a couple of weeks I'm going to automatically reach out to you. Send me that release now so you don't have to do anything. I'm going to hit the easy button and if I have any things significant, I'm going to call you. So, what you want to do with the six to eight weeks period of time is called the lawyer and say, once you've gathered all your documents, I have significant new information about your client. I'd like to sit down and meet with you and explain it and explain the herniation, the ligament laxity, any extremity issue that you're going on. Sit with them, bring them a copy of the evidence-based Book and the literature that's attached to it that's pertinent to their case. Go their show, make a copy of that book. It's one of the bimonthly flyers printed out. Get the literature, show them what's happening on their clients, give them the evidence, the research attached to that. Show them the book and say, listen, this is one of 101 topics. I've got another hundred topics that have you fully understand. You'll never lose the case on rhetoric. And what I do is I go around all around the Phoenix area. You're in Phoenix, right?

Guest Doctor: Tucson.

Dr Studin: the goal is when you sit with them, here's the literature that's pertinent to your patients. But here's a book and if I explained, I should come in and teach you and your staff, all of these things, you'll never lose a case on rhetoric and I'm still treating the patient. When we get close to the end, I'll let you know what's going on. Then when you get to the end, what you want to do, and this is what I used to do, I used to create a narrative of four corners report and you don't really know what that language means, but the lawyers know what it means. It says something that covers the four corners of their case and you've got to learn about that and that'll happen. You want to have a narrative for them. And then what you want to do is not just compile all the records. You go and you get a binder. And I used to go to FedEx, the printers the printing components. And I used to have them bind it, and inside I put taps and one said medical reports once an imaging once said neurodiagnostic towards that's assumption a lot. And we broke it up and everything like that when we gave them a book with everything broken up now it can't be a bound book. It has to be three ring because they have to be able to take it out and put it back in to make photocopies. And I actually gave them, two copies, one for them. And once they learn that opponent, And we actually did in house printing and compiling it from the first view of someone else put so much staff did it. And when we sat with them, they got a complete binder to this day. And I haven't had an office in 2006 was my last office that I was in. So it's 13 years. To this day I was with the lawyer last night actually, because I lectured to 88 lawyers in New Jersey, and he came up to me and says, Mark, no one ever to this day has given me a binder like you used to give me. That was my bill of particulars. That was my submission package. You just made life so easy and no one else understands. 

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