Discovery Marketing


IT'S ALL FREE! Discovery Marketing

You're a new legal nurse consultant and you want that first case! What do you do? You focus your marketing efforts on reviewing cases for merit - just like every other new LNC. With this approach, you're not only in competition with thousands of other LNCs; you're missing huge opportunities to market LNC services during the longest part of any medical malpractice lawsuit - Discovery.

As you know, a lawsuit has several phases. First, there's the pre-litigation phase. In this phase, the plaintiff attorney decides whether to file a lawsuit and defense attorneys (in some states) conduct their own investigations. Most new LNCs focus their marketing efforts on this phase.

After the Complaint is filed, Discovery commences. I spend about 75% of my time on cases that are in Discovery; I spend the remainder of my time on pre-litigation efforts and trial preparation. And guess what? I review many more medical records during the Discovery phase than I do during the pre-litigation phase. Each set of records requires judgment on my part as to their significance.

What kind of services can you market during the Discovery phase? Here's a partial list:

* Review medical records obtained during Discovery for significance to the case (as discussed above).

* Summarize medical records obtained during Discovery for attorneys and/or insurance adjustors.

* Determine which, if any, radiographs and pathology slides are important in the case.

* Create indexes of radiographs and pathology slides.

* Identify additional medical records, radiographs, and pathology slides to obtain.

* Identify additional treaters to interview or depose.

* Identify and suggest additional experts as indicated.

* Locate and retain additional experts as needed.

* Identify documentation of treaters and defendants in preparation for their depositions.

* Draft medically related questions for fact and expert witnesses.

* Attend fact and expert witness preparation sessions with the attorney.

* Attend depositions and independent medical exams (IMEs).

* Summarize deposition transcripts and IME observations.

* Draft interrogatories related to the medical aspects of the case.

* Draft PowerPoint presentations for future use at mediations, arbitrations, and/or trials.

* Develop and/or update medical chronologies and/or medical summaries.

* Create other reports, such as timelines and graphs, as indicated.

You don't have to review a case before it's in litigation. You can provide many more services to attorneys during the Discovery phase of a lawsuit than you can during the pre-litigation phase. And guess what? You'll still be reviewing medical records, just not for merit.

Want to learn more about LNC skills for legal nurse consultants?  Check out the Archives.

...Katy Jones