During the course of your litigation it's wise to be as pro-active as possible . Don't expect your lawyer , or even the Experts to note or memorise every detail of your case .
Lawyers are involved in many other cases besides yours and , not unlike a doctor , can't be expected to remember every detail of every case.
You need to remain alert and involved , because it's possible that the most seemingly innocent document in your medical records may hold the key to a vital aspect of your case.
For example , the operating theatre notes , will be scrutinised repeatedly , but they won't reveal the full details of your case , unless all of the other records are equally examined .
Some Expert witnesses can have a tendency to give most of their attention to the ' operating theatre records ' , or other ' doctor's notes ' , for example , whilst glossing over all of the other medical documents . This can lead to crucial errors of judgement and can even undermine your case.
You have experienced the event firsthand . Only you , know the sequential course of events from your perspective . Write down your version of events , including every detail that you can remember , referring to the medical records and other documents where you can . Give a copy of your version of events to your lawyer . It won't be admissable in court , but might help him to see aspects of the case that he had not previously noted , or considered. Stick to the facts . How you felt , and what you ' heard ' , are secondary in a court of law. Courts deal only with
; and cases are presented and judged on.... FACTS. Take notes during , or immediately after each medical / psychological / legal appointment so that you can remember exactly what was said or done and exactly who said / did it. Keep these with your personal records for future reference . It is best to be completely conversant with every date and detail of your case . You need to be honest AND accurate if you wish to be considered a credible witness in cross-examination.
Don't pass any documents on to anyone without photocopying a copy for your own records first. Whether it's a simple pathology request , an X-ray report , a letter of referral from one doctor to another , or even a prescription . Photocopy and file it for your records .
Let me cite you a case example . The surgeon in a particular case had written a ' litigation-mindful ' version of his error in the ' theatre records ' , but when referring the patient on for reparative surgery to another doctor ' friend ' , he revealed a much more accurate and descriptive version of what had actually occurred , in the letter which accompanied the patient . ( Fortunately , she photocopied it on her way to the ' friend's ' office , and it later became a valuable, incriminating document during her case against the surgeon involved.)
Always open the envelope ! Photocopy, and file . Pass copies of the medical documents on to your lawyer . And take the copies of your own freehand notes to all of your legal appointments . Draw your lawyer's attention to , and discuss , anything you feel to be relevant . Don't write volumes ; keep your notes brief and to the point . Don't make the mistake of handing copies of your freehand notes on to your lawyer and expecting him to make the time read them . Or to see them in the same way that you do.
Bear in mind that lawyers have a legal right to charge the client for costs associated with ' verbosity ' . i.e. excessive client rendered reading matter.
Click HERE to continue reading Useful Legal References
Copyright Webmaster messup1@optusnet.com.au Modified 04-01-2005
Important Announcement
