Don’t Give Your Attorney-Clients an Ulcer Unless That’s All There Is

Plaintiff attorneys are driven by the damages in a case, but that doesn’t mean they go after all of the available damages. For example, an attorney representing a plaintiff in a vegetative state from facility #1 would probably not pursue pressure ulcer damages caused by facility #2.

Why? It’s simple! The vegetative state is, by and of itself, worth millions of dollars in damages. To chase the pressure ulcer damages will be viewed by most plaintiff attorneys as an unnecessary and risky rabbit trail. As the Certified Legal Nurse Consultant on this medical malpractice case, you might mention the decubitus ulcer, but you wouldn’t develop it in depth without the attorney’s permission in light of the bigger issue and the bigger damages against facility #1.

In contrast, if a resident in a long-term care facility sustains a serious pressure ulcer as the primary damage, the plaintiff attorney would go after the ulcer-related damages because that’s all there is. Here the CLNC^® consultant would develop the pressure ulcer issues.

All damages, even when the same, are not created equal. You have to look at the big picture and your legal nurse consulting report should never take the attorney down unnecessary rabbit trails.

My advice, don’t give your attorney an ulcer – unless that’s all there is.

I’m Just Sayin’

P.S. Comment and share your experience with small and large damages presenting in the same case.