Our clients often ask why the opposing lawyers are reviewing each page of their medical records – some of the records are over 10 years old and are not related to the case. Here is what they are looking for:

1. Past medical conditions and symptoms similar to those currently being claimed to have resulted from medical negligence or injury.

2. Abuse or misuse of prescription or over-the-counter medications.

3. Gratuitous comments by your doctors that you have a tendency to exaggerate your medical conditions or problems.

4. Comments from your doctors that you are a malinger.

5. Confidential comments you made to your doctor about your previous medical history (like abortions or sexually transmitted diseases – STD).

6. Previously diagnosed conditions which might explain your current injury.

7. Previously diagnosed conditions which might shorten your life – hey, you were going to die early anyway!

In other words they are looking for DIRT!

Dan Frith
Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.