We often receive calls from patients or their families about a medical incident or injury that has just occurred. Sometimes the patient is still hospitalized or receiving intensive outpatient care for the injury. In most cases like this, there is not a lot that we can immediately do.

Our general advice to potential clients is that, until they are fixed and stable, we do not want to send for medical records. If the patient has the records already we can review them, but any decision about whether the claim should be pursued will usually have to await completion of treatment or at least a good idea of what the future holds in terms of disability or treatment. We often tell the potential client to focus on getting treatment for the injury, and that thinking about lawsuits is premature. We may advise them to take photographs or keep a journal about the medical care.

One reason why we do not want to send letters requesting records if active treatment is ongoing is that if treating providers know an attorney is involved, they sometimes get more cautious about what they say in their records. They do not want to be dragged into a lawsuit as a witness.

Sometimes the potential client wants us to become involved in their care by referring them to different medical providers or pushing their doctors to provide particular care. As trial attorneys, we can bring a claim or a lawsuit for past medical errors and seek compensation, but we are not trained or suited to getting involved in medical decision-making as treatment is occurring.