Without a compelling expert medical opinion backed up by pertinent medical literature, the attorney is left without a foundation upon which to build a case, and the opposition attorneys are quick to take advantage of any weakness. Without a definitive expert witness, the attorney has no case. During my reviews of numerous patient records, I often see physicians contradict themselves by stating a much weaker conclusion than their findings warrant.
Physicians often make strong statements to their patients but much weaker ones to an attorney.
The aversion of physicians to state the facts of a case is devastating to the patient when their opinions are devoid of the vital issue of causation. Physicians are prone to prattle about their diagnoses and treatment while omitting documented medical history, work incapacitation, reduced quality of life, and loss of career opportunities and income, as if these issues were irrelevant. For example, if shoulder pain prevents adequate grooming, this must be forcefully stated without dilution by superfluous issues, since grooming impacts upon career opportunities and therefore income. This problem is compounded by the absence of a clear and concise summary of the evidence for causation. Listing separately each piece of evidence for causation is vital in order to avoid confusion and dilution of the facts.