Med-Mal Work: how long to keep files?

[cchoukal]

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Did a case as an expert witness. Case ended up settling. Attorney said I could destroy my files. What do you all think? Any reason not to shred them?

 

[Mikkel]

Save the files so you can blackmail somebody later, maybe they'll try to run for president someday or get nominated to the supreme court.

I save all the dirt I've collected on everyone since daycare.

 

[caligas]

Save for a year or so in case the suit come back to life (unlikely).

Write down a summary of key points/stances that you put down on record in written or stated testimony so that you don’t make a contrary statement in court in the future.

 

[kidthor]

Why don't you just scan it all into Evernote so you have it forever?

 

[Pharmado]

If you got paid and the attorney said to toss the records then toss them. If they want you again for some reason, they can provide the records again and you can charge them for your time again. Just my 2 cents.

 

[nimbus]

You may want to keep the notes in case you work on a similar case in the future. Then you can recycle your material and you won’t have to reinvent the wheel.

 

[jwk]

Found out something on one of the cases I did recently. I had never gone to depositions on my previous case reviews, but this particular case did. Included in my subpoena for the deposition was a demand for all notes I had made during my review of the cases, including all communication with the defense attorney for whom I was working. I thought all this was protected attorney-client type of information. Apparently in my state it is not. So all my notes, pro or con, including potential problem areas that I considered and discussed with defense counsel, were discoverable by the opposing counsel. Attorney-client privilege applies to the client. It does not apply to me, because I'm not the client.

So now - on subsequent cases - my notes are merely notations of things I find as I go through the medical record, with no opinions - just occasional question marks and WTFs.

 

[cchoukal]

Found out something on one of the cases I did recently. I had never gone to depositions on my previous case reviews, but this particular case did. Included in my subpoena for the deposition was a demand for all notes I had made during my review of the cases, including all communication with the defense attorney for whom I was working. I thought all this was protected attorney-client type of information. Apparently in my state it is not. So all my notes, pro or con, including potential problem areas that I considered and discussed with defense counsel, were discoverable by the opposing counsel. Attorney-client privilege applies to the client. It does not apply to me, because I'm not the client.

So now - on subsequent cases - my notes are merely notations of things I find as I go through the medical record, with no opinions - just occasional question marks and WTFs.

Right, the attorney-client privilege only applies to the attorney that is representing you, and that attorney doesn't exist in this scenario

 

[caligas]

Always assume that anything you write down is discoverable.