Please ensure Javascript is enabled for purposes of website accessibility

Case managers play vital role in courtrooms, depositions

By: DOLAN MEDIA NEWSWIRES//March 15, 2012//

Case managers play vital role in courtrooms, depositions

By: DOLAN MEDIA NEWSWIRES//March 15, 2012//

Listen to this article

By Deborah Johnson
Dolan Media Newswires

As your auto-injury case comes to the final stages in determining the outcome of a suit, case managers can play a vital role in swinging the verdict or a deposition your way.

Why? Case managers have had ongoing contact with the family, caregivers, the providers of care and your client. They will have intimate information as to the reason and necessity of services given or planned.

Their ongoing monthly reports will contain information regarding the orders written, the dates of services provi-ded and the outcome of these services. They also will have an ongoing copy of medical information that could be vital to your case.

Most case managers will have been with the client at the providers appointments, and will understand the reason for the orders or lack thereof.

Most importantly, they can bring a human element to the conversation of whether the progression of the case is appropriate and if ongoing care is needed and to what extent.

Their communication with you as the client’s lawyer should bring you up to date with the details of the case, but having them there in person at a deposition or in court can bring about a greater understanding of the person behind the claim.

To ensure that the case manager is ready to present the case most clearly, be sure to have a face-to-face interview and review of the expectations before the procedure takes place. Most case managers are not comfortable in the legal setting, and can perform much better if they know what to expect. This also will bring you the assurance as to what to expect from them. The case manager should have an up-to-date CV with them and verification of his/her credentials.

There is a great book that can support a newer case manager to deliver his/ her information in the best light, “The Hip-Pocket Guide to Testifying in Court,” by Marc D. Garfinkle. Keep a copy in your office to loan out to those new to the system, processes or procedures.

If the case manager is a registered nurse, his/ her benefit may be more than just a testimony or information, but an increased believability of the case. In November 2009, a CNN/USAToday/Gallup poll ranked the American public’s perception of the honest and ethical standards of professions. The top five most highly rated professions had nurses ranked first (83 percent) and pharmacists second (66 percent); the rest of the top five were medical doctors (65 percent), police officers (63 percent), and engineers (62 percent). Eighty-three percent of Americans see a nurse’s honesty and ethical standard either “high or “very high.”

As you prepare your next case, be sure not to overlook the hidden gem that you may have in the case manager.

Deborah Johnson is the proprietor of CareForward, a case-management service provider for auto-accident survivors. She is a past-president of the Detroit chapter of the Case Management Society of America.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests