What It Means To Be Truthful With Your Doctor
In my Delaware medical malpractice and personal injury practice, I have a lot of contact with my clients’ doctors, and I often request written reports that discuss the treatment, the doctor’s findings, the problems my client talked to the doctor about, and a prognosis for the future. I can’t tell you how many times the doctor’s report seems to describe somebody other than the client. The reason for this is that many clients don’t share with their doctor what they share with their lawyer. And when I looked into this further, the answer was simple. Doctors don’t ask their patients the same in depth questions a good lawyer asks his client.
It often takes a lot of time and many conversations to learn how the injuries my client sustained have affected him. Unfortunately, doctors just don’t have that amount of time to spend with their patients.
Later on, after a lawsuit is filed, the defense attorney scrutinizes the doctor’s records and finds that many of the problems the client complains about are not contained in the records. The defense lawyer then challenges the injured client and tries to make it appear that the client is not telling the truth.
I always tell each of my clients that the number 1 rule is to tell the truth. But telling the truth is more than making sure that what you say is true. It also includes not keeping to yourself important facts which are also true. So when you’re talking to your doctor, make sure you tell the doctor enough facts so he has a good understanding of the pain you’re feeling, and how that pain affects you in your daily life.
