Hi I’m Brian Wiklendt with Garfinkel Schwartz and I’m here in the Maitland Florida office here today and we also have offices in Cocoa Beach Florida which is on the space coast in the east coast of florida by Port Canaveral. Maitland is also a suburb of Orlando so I live in Orlando. We also travel all over the country to visit clients anywhere they may be; whether that be longshoremen or whether that be civilian contractors that are injured overseas under the Defense Base Act.
You may watch the video “Injured Civilian Contractors Record Medical Notes, Appointments” on the Garfinkel Schwartz YouTube Channel.
How to Keep Records for Your Case: Audiotape Your Doctor
Today I’m talking to you about a more advanced conversation where a claim has already been filed, you’ve already been getting treatment. A lot of people don’t understand that when they go to a doctor and they get treated at a doctor’s office that someday down the line whether that be nine months, eighteen months, that doctor might be deposed and that might be your expert witness that’s going to prove your claim after they deny your benefits.
Everything That’s Said by Doctor is Important
And so it’s very important that everything that’s said from the doctor that may not be reflected in the doctor’s notes that I get the records that we get that are pretty much dictated and very bland about your injuries. It really helps me help you when I depose these doctors. Especially doctors that are hired by the insurance company to get facts and circumstances that no one would really know without you being there.
Ask if You Can Record the Conversation
And what I mean is it’s perfectly ok to ask a doctor when they’re examining you or treating you to audiotape or to record the conversation that you have with the doctor. And if the doctor is uncomfortable with that then what you can do is you can say is I can give you a release under the HIPAA laws and basically I want this recorded because I’m not going to understand later what the different jargon is that you’re talking about in terms of radiceolo whatever it is and all these other things that normal layman would never understand you might want to have that in a recording.
If You’re Not Comfortable Recording: Bring Someone Along
But the biggest factor, the most important part about a recording like that, or if you decide that you’re not comfortable recording and you’re friends with the doctor and you don’t what to do tha–t put them on the spot –is that right after each medical examination that you have if you’re having a claim this is a legal claim and everything counts every item of testimony counts.
Go to Your Car to Record Notes of What Was Said
So what you do as soon as you leave the doctors office before you even leave the parking lot you get in your car and you put your phone on or your tape recording and you record everything that you can recollect: the doctor’s name, the date, the time, how long it took, the time that you were there and little tidbits about what happened because there are cases that I’ve been familiar with that I’ve actually been involved in that hinge on crazy little details about a doctor saying something off the cuff like, “Oh, yeah, you’re fine. I can’t believe you’re not working,” or something like that that would cause the judge to see that he’s basically being biased against you and for the insurance there.
No Witness: Please Take Notes
And I’m not there and no one else, the judge is not there obviously and the best thing to do is to recollect these things in the present tense so that you have a record of these things that happen. Like I said, legal jargon medical jargon is complicated, that’s a good reason why you would record something. But the biggest reason is certain little circumstances especially if you’re getting examined in an independent medical examination that you have to go to by law and this doctor is basically there to examine you on behalf of the insurance company to try to reduce your benefits or get you cut off. That’s the reason why you’re there.
Keep Notes So You Can Recall Details
So if you’re in a defensive posture like that then it can only behoove you to audio tape that or have a family member come with you or at least in present tense when you get to your car as soon as the examination’s over whatever pops into your head that you thought was odd or weird or anything that struck you as not professional that I could use to depose the doctor in the future if that may ever happen. It would be in your benefit to do that.
Get Help From a Defense Base Act Attorney
And if you don’t get help from Garfinkel Schwartz and you’re involved in a claim that’s actually going to be potentially litigated. You’ve got to find a lawyer of your choosing that can help you to go through these types of issues that a lot of people don’t realize when it’s happening and it’s too late eight months before when I ask what happened back in July of 2012 with this doctor. He seems like a crackpot did he say anything to you? It’s really tough to remember from a year and a half or two years earlier and so you can help answer those questions.
So if you don’t get help from Garfinkel Schwartz, please get help somewhere. Please visit our website at www.DefenseBaseActLaw.com and several of these issues are on there and they can give you potential resources as how to get through and be able to audio tape your doctor’s visits and or have a family member present there with you and then the worst case scenario is that at least get a present tense impression of what happened during that day when you are in the car in the parking lot.
Thanks for listening. I hope I can be of help. That’s what I’m here for. I travel across the country no matter where you are, and I appreciate your time. Thank you very much, signing off here from Maitland Florida.