LNCtips.com: 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.

...Katy Jones