How Attorneys Use Medical Record Reviews to Build Stronger Demand Letters

Crafting demand letters with expert-reviewed medical records ensures clarity, credibility, and stronger negotiation power in injury and malpractice cases.

ByWendy Ketner, M.D.

Updated on

Attorney writing demand letter

Crafting an effective demand letter requires more than a persuasive narrative—it must be rooted in verifiable medical evidence. Personal injury, medical malpractice, and wrongful death claims all hinge on the accuracy and clarity of medical documentation. However, raw medical records are rarely straightforward. They are often disorganized, laden with medical jargon, and span hundreds or even thousands of pages. Without a clear understanding of what the records contain and—just as crucially—what may be missing, attorneys risk presenting an incomplete or inaccurate account of their client’s injuries.

A meticulous medical record review is, therefore, a foundational step in building a compelling demand package. By extracting, analyzing, and summarizing the relevant clinical data, attorneys gain the clarity necessary to argue liability and quantify damages with precision.

The Problem with Unfiltered Medical Records

In most cases, medical records arrive in a bulk format—hundreds of pages from multiple providers, each with its own formatting style and terminology. Key details about diagnosis, treatment timelines, causation, and prognosis are buried across disparate documents. Critical information such as gaps in care, deviations from the standard of care, or inconsistent documentation may go unnoticed without a structured review.

Moreover, when attorneys rely solely on the records as presented, they risk omitting or misinterpreting data that could significantly strengthen their client’s position. For example, a minor discrepancy in the timing of treatment, if left unaddressed, could weaken a causation argument. Similarly, missing test results or ambiguous provider notes may become points of contention when the case proceeds to settlement negotiations or trial.

Strategic Role of Medical Record Reviews in Demand Letter Drafting

Medical record reviews bridge the gap between raw clinical data and actionable legal strategy. By synthesizing vast amounts of information into a coherent and medically accurate summary, attorneys can craft demand letters that are not only persuasive but also substantiated.

Specifically, a comprehensive review enables attorneys to:

  • Establish a Clear Timeline of Care: Organizing events chronologically helps present the progression of the injury, treatment, and recovery. This is critical in demonstrating how the defendant’s actions or negligence directly impacted the client’s medical outcome.
  • Highlight Relevant Diagnoses and Interventions: Identifying specific injuries and the corresponding treatments allows attorneys to quantify damages and argue for appropriate compensation.
  • Isolate Causation Factors: An expertly reviewed record can clarify whether the injury was directly caused by the incident in question or whether pre-existing conditions played a role.
  • Identify Deviations from the Standard of Care: In malpractice cases, pinpointing where a provider failed to adhere to accepted medical standards is essential for establishing liability.

These insights allow attorneys to craft a demand letter that not only outlines the injuries but presents them within the context of medical plausibility, causation, and long-term impact.

Quantifying Damages with Medical Evidence

Economic and non-economic damages both derive their legitimacy from medical documentation. A superficial summary of injuries may suffice in low-value claims, but in high-stakes litigation, precise medical evidence is indispensable. Medical record reviews allow attorneys to:

  • Substantiate Claims of Pain and Suffering: Descriptions of physical therapy, medication regimens, or surgical interventions lend weight to non-economic damage claims.
  • Support Wage Loss and Future Earnings Impact: Physician notes on work restrictions, permanent impairment ratings, and long-term prognoses are critical to claims involving loss of income.
  • Estimate Future Medical Expenses: The treatment history and physician projections offer a roadmap for ongoing care, strengthening future cost estimates.

When these elements are clearly supported by a detailed medical chronology and expert analysis, they elevate the credibility of the demand letter and provide insurers with fewer opportunities to dispute the claim’s validity.

Transforming Medical Records into Legal Advantage

Given the complexity and volume of medical records involved in litigation, many firms turn to specialized services to streamline the process. Expert Institute’s Medical Record Review provides attorneys with clinically accurate, legally relevant insights that transform raw records into a powerful advocacy tool.

Expert Institute’s team of physicians and legal nurse consultants conduct a meticulous review of each file, organizing and analyzing records for relevance, consistency, and evidentiary value. Deliverables typically include:

  • A detailed medical chronology
  • A summary of injuries and treatments
  • Identification of missing or inconsistent records
  • Highlighted points of potential medical negligence
  • Clinical insights into prognosis and long-term effects

These reviews are tailored to support litigation strategy, whether the goal is settlement or trial. With medically grounded insights prepared in a format optimized for legal use, attorneys can produce demand letters that are both compelling and resistant to rebuttal.

Enhancing Negotiation Leverage

A demand letter grounded in a comprehensive medical review demonstrates to opposing counsel and insurance carriers that the claim is supported by objective evidence and expert interpretation. This changes the negotiation dynamic. The opposing side is less likely to challenge the validity of injuries or the rationale behind the damages claimed when those claims are presented alongside a structured, well-reasoned medical summary.

In short, the review process adds a layer of due diligence that signals the seriousness of the claim. As a result, attorneys often report that incorporating medical record reviews into their demand letter workflow leads to quicker settlements and higher initial offers.

Conclusion

Medical record reviews are no longer a luxury reserved for complex cases—they are a necessity in any claim where injuries and medical damages are in dispute. Attorneys who integrate expert reviews into their pre-litigation process gain a tactical advantage by transforming dense medical data into clear, actionable evidence.

Through services like those provided by Expert Institute, law firms can enhance the clarity, credibility, and strategic impact of their demand letters—ultimately building stronger cases from the outset.

About the author

Wendy Ketner, M.D.

Wendy Ketner, M.D.

Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.

Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.

Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.

background image

Subscribe to our newsletter

Join our newsletter to stay up to date on legal news, insights and product updates from Expert Institute.