We assess Medical Malpractice cases by (1) speaking to our prospective clients and getting their story and (2) reviewing the medical records.
Now I will admit that I have seen medical records forged before (Example – one nursing home case the nurses notes reflected they changed my client’s bandage on 1/10 and 1/12. She had actually been in the hospital starting 1/9 and died on 1/11… they certainly weren’t changing her bandage after that happened) BUT for the most part, we are stuck with the records.
Why should this matter to you?
If you mouth off to a doctor, tell them you are going to hire an attorney, tell them you don’t want Mom’s cancer looked into etc – it will end up in the records. Once a statement or impression of a physician is in the records – our office must assess whether we can win the case despite those comments.
So – please, I am not encouraging anyone to lie – just to be aware that anything you say, will be recorded (likely).. so if you send a letter to the nursing home telling them they did a great job taking care of your Mom until she died, and then SUE the nursing home, you will look bad – and our case will not be as strong.
So it its written in the records, it will be hard to overcome later. FYI!!