Seven Certified Legal Nurse Consultants divulge the 19 most common report writing mistakes. Before you submit your next report, review these common pitfalls to assess how you’ve done.
- Not having a plan for the report. Dorene Goldstein states, “Start with a preset idea of your report format. Know what you are trying to convey in the report and see if it works better in a narrative format or a chronological timeline.”
- Failing to discuss a budget with the attorney-client. If they are only willing to spend $2,000 then deliver a professional report for that amount, but don’t put in extra time. It is better to be brief and then include recommendations for additional work. The attorney can then decide if they want more. When the attorney sets a budget, they’re considering a lot of variables, including the potential value of the case. For example, a personal injury (PI) attorney litigating a moderate auto collision case will approve a smaller budget than a medical malpractice attorney litigating a catastrophic brain-injured baby case.
- Setting unrealistic expectations regarding the amount of time needed to complete your report. When a CLNC® consultant promises a report will only take a few hours, and then spends more hours above that amount, the attorney will expect that level of speed on future cases. Always get approval for the budget by recommending a broad range of hours. The low end is what you expect and the high end should be approximately ten hours above that.
- Skipping the screening process. After writing numerous reports for attorney-clients, it’s easy to believe that you can read the records and immediately start writing a narrative or chronology because you already know how to screen a case. This is a big mistake! If you’re not careful, you will find yourself wandering around in rabbit holes. Always use the screening form to stay focused before writing the report.
- Not customizing the report to the attorney-client’s experience and preferences. Always address report preferences with new attorney-clients. Some attorneys only want a narrative report, others prefer a chronological timeline, while others prefer a hybrid of the two. Write to the attorney’s experience.
- Not taking a stand. Does the case have merit or not? The attorney needs more than a summary of the facts. They need your professional opinion of the merits of the case. If you need more information to assess merit, say that. Being wishy washy only confuses the attorney and is a waste of time and money.
- Using “nurse speak.” Michelle Neal shares, “Until you’re familiar with your attorney-client’s level of medical knowledge, it’s best to write in layman’s terms. Once you have a strong understanding of the attorney’s level of medical knowledge, this may not be necessary. Most successful medical malpractice attorneys are well-versed in medical terminology and require less explanation than a less experienced attorney. It’s important to know your audience.”
- Flipping between present and past tense. This confuses the narrative.
- Beating around the bush and writing in long paragraphs. Say what you mean and mean what you say. Be concise. Read the report aloud to assess for clarity. Dale Barnes shares, “I’ve seen disjointed reports that start out with an overview of the facts, but then digress and jump all over the place. It’s essential to stay organized.”
- Being inefficient. Dale Barnes says, “I try to draft as much of the report writing in one sitting as possible. It becomes less cohesive if I do it incrementally. I also do my research ahead of time, which helps me organizationally and streamlines the process.”
- Providing the attorney with more than the attorney requested. A few extras are nice, but a more detailed report takes more time and translates into a higher bill for the attorney. The more relevant and cost-effective you are, the more the attorney will involve you in his entire caseload.
- Not providing feedback on the issues the attorney-client wanted addressed and failing to summarize the key points relevant to the attorney’s objectives. Marcia Bell shares, “I have seen brief reports that are missing essential information. Even a brief report should include the essential facts and opinions regarding those facts.”
- Not paying attention to details. Marcia Bell shares, “I was asked in deposition the date I wrote an expert report because I failed to date it. Paying attention to such details when writing a report sets a professional tone.”
- Presenting irrelevant content and opinions. Do not go on and on with information that has no bearing on the issues. Getting sidetracked with irrelevant information not only eats up time, it also sidetracks you from the real issues. For example, even though a patient is a frequent flyer in the ED, you don’t want to include detailed information from each ED visit for issues that are unrelated to the case. You can note that the patient was seen x amount of times for xyz, but keep it brief. Always begin the task of writing with a theme and an outline to prevent becoming sidetracked.
- Not providing sufficient detail. Suzanne Arragg shares an example, “Sometimes the Impression is not as comprehensive as the Findings within a radiology report. The Findings may reveal critical information related to the alleged injury.”
- Not simplifying complex information. You are writing a report for someone without a medical background. Always provide definitions of medical terminology in layman’s terms even for attorney-clients who are medically savvy.
- Failing to demonstrate your value. If the attorney is sure they already know what the medical issues are, develop the report to provide the attorney the information requested, but highlight the areas that need deeper analysis and recommend the type of report you will provide. This shows that you were listening, but also teaches the attorney your higher value.
- Writing a lengthy report for a nonmeritorious case. Screen the case first. If a case has no merit then this is as far as it goes. Putting in more hours on a nonmeritorious case destroys credibility with your attorney-client.
- Missing a deadline. Meeting deadlines is mandatory to a successful business relationship with attorneys. Missing a deadline can be a fatal mistake. Deadlines are not always convenient, but as CLNC consultant Marcia Bell says, “When I meet a deadline (even an inconvenient one), the attorney remembers me for future cases.”
Special thanks to the CLNC Pros: Suzanne Arragg, RN, BSN, CDONA/LTC, CLNC; Dale Barnes, RN, MSN, PHN, CLNC; Marcia Bell, RN, BSN, CAPA, CLNC; Dorene Goldstein, RN, BSN, CLNC; Shequita Moore, MSN, RN, LNFA, CLNC; Michelle Neal, RN, BSN, CLNC and Lori Sprenger, PHD, RN, CLNC for sharing these 19 common report writing mistakes. These indispensable tips will help you create stellar work product – your best marketing strategy for getting repeat business from attorney-clients.
Success Is Yours,
P.S. Comment and share report writing mistakes you’ve made.
