Traut's Top Ten Ways to Ruin Cases
Part 3:  Doctors

Over the years, the Traut Firm has seen the conduct of clients, attorneys, and doctors limit the client’s ultimate recovery or ruin the case entirely.  During the months of February, March and April we will be presenting a “top ten” list for each category:  Clients, Attorneys and Doctors. 

In our April issue we feature part three in our series - the top ten ways a doctor can ruin a case (we expanded a little in this feature - here we have 12 ways:

1. Put a “history” in the records which is either too detailed (i.e., other driver was traveling 50 mph at impact and patient was violently thrown forward and backward), or is inaccurate and often contains misquotes of the patient.
    
2. Fails to discuss relevant medical history of patient in the report/records.
    
3. Provide a prognosis in a report which is overly grim or pessimistic.
    
4. Provide a prognosis in a report which is overly optimistic vs. being realistic.
    
5. Fails to order and review relevant prior medical records/x-rays that may have some bearing on the treatment plan and/or prognosis.
    
6. Fails to alter treatment plan when condition seems to remain constant and symptomatic.
    
7. Treats patient too long.
    
8. Fails to refer patient for diagnostic testing or to a specialist when necessary.
    
9. Discontinues treatment, discharges patient, but invites him/her to return on an as-needed basis but at a deeply discounted cash basis (it is difficult to justify a $100 a visit being reasonable when the opposing attorney learns patient has continued to treat at $25 a visit).
    
10. Leaves notes/e-mails/phone messages in patient chart which contain information which may prove to be harmful to the case.
     
11. Discusses opinions in a report which he or she is not qualified to render (i.e., chiropractor offering biomechanical/accident reconstruction opinions, or a chiropractor or GP discussing the need for surgery instead of deferring to the appropriate expert).
     
12. Failing to provide all medical records of patient when subpoenaed by defense (i.e., only producing the current chart and failing to produce the prior chart for injuries to the same body parts).

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