Introduction
Most lawyers face challenges with physician Negligence Claims due to their complex nature. In the United States, this is especially true in the case of medical malpractice. As a medical records review company, we support attorneys by conducting thorough medical chart reviews and written reports. This focus, therefore, aims to give an overview of filing a medical negligence claim, discusses the legality of providing medical record review services, and offers suggestions for enhancing legal practice.
What is Medical Negligence Claims?
Definition of Medical Negligence Claims
Essentially, medical negligence occurs when a member of a medical profession fails to provide reasonable care and skill expected of a competent peer at the same level of professional. For example: a doctor, nurse, etc. It is not uncommon for patients suffering serious injury or health complications due to someone else’s negligence to seek for legal remedy.
Common Examples of Medical Negligence Claims
• Delayed or incorrect diagnosis
• Errors in surgical procedures
• Errors in prescribing medication
• Lack of informed consent
• Injuries sustained during childbirth
Key Stages of a Medical Negligence Claims
First Meeting and Consideration of the Case
This involves undertaking careful consideration of the evidence at hand, no matter how small it might seem. It often requires lawyers to talk with the clients because clients have more insights on the case, including the medical history, and prior treatment received. It explains whether there was, and what was the, basis for the claim in the initial consultation.
Collecting Evidence
Gathering evidence is perhaps the most critical part for ensuring a successful medical negligence claim. These include:
• Health care records
• Testimonies from expert witnesses
• Injury photographs or videos
• Statements from witnesses
Assessment of Medical Records
This phase is particularly sensitive, and this is where we step in as a medical record review expert witness company. Our company has specialists that meticulously review the medical records searching for errors, omissions, and breaches of the standard of care. Based on his analysis, the lawyer can present a well-rounded and educated opinion of the case.
Submitting the Medical Negligence Claims
After compiling a rich amount of evidence, the lawyer now prepares a complaint intended for a particular court. The plaintiff, through this document, makes very brief remarks about the claims he makes and describes the facts upon which the claims are based.
Discovery Phase
This phase is characterized by an exchange of bilateral discovery between the parties. Such activity may include interrogatories, document requests, and even depositions. Using our Medical records review services, lawyers can formulate the strategy designed to guide the overwhelming amount of information organized during this phase.
Negotiation and Settlement
Most lawsuits related to medical negligence claims are settled before reaching trial. For attorneys, settling a case is one of the most difficult tasks because they must negotiate the terms of a settlement for the client’s best interest. In this area, the medical records of the patient assist lawyers in making arguments during negotiation settlements.
Trial
If no agreement is reached out of court, the case goes to trial. Counsel has the burden of proof, which includes the submission of all relevant documents, and to call expert witnesses to testify on behalf of the client.
Post-Trial Motions and Appeals
After a trial has been conducted, any party can institute post-trial motions or appeals if they believe there is any aspect which amounts to a flaw in the trial raised. As such, consideration must be given to the outcome of the trial and the legal framework established during the trial in which the appeal is based.
The Value of Reviewing Medical Records in Legal Disputes
Strengthening the Case
Information gleaned from medical charts certainly has the ability to make or break a case. Effective medical record review for lawyers ensures that attorneys with the client’s particular medical background and facts are handy when working on a case.
Defining Relevant Matters
With our review, we are able to provide attorneys with information that will assist in resolving some of the most complicated issues such as:
• Absence of Treatment Guidelines
• Absence of Documentation of the Patient Encounter
• Absence of Documentation of Obtained Informed Consent
Assisting Through Providing Context
An opinion developed by a medical expert is often devoid of the necessary context through which they would be provided. In our case, the experts will with context, hence founded testimonies.
Case study
Case Study2: Misdiagnosis of Cancer
Overview: A 45 year old woman presented to her gynaecologist with abdominal discomfort. She was later diagnosed with colon cancer after her niece suggested she have a biopsy done some years later.
Challenges: The medical history, including treatment documentation, is scant and some outdate notes from the doctor attending to the patient are vague.
Solutions: Our medical record review specialists examined all the specific records and discovered there was a treatment plan disparity. We reached out to the attorney and devised a comprehensive strategy which included an oncologist’s consultation.
Case Study 2: Surgical Error
Overview: A male patient aged 35 years went for a repair of a hernia. An acute infection occurred due to improper sterilization by the surgeon.
Challenges: There are gaps in the hospital records, and some of the surgeon’s notes also appear to lack detail.
Solutions: We solved the problems for the processes that were documented in the medical records by reconstructing the surgical procedure and other events. Along with the attorney, we worked on a comprehensive plan based on the testimony of the Surgical Specialty.
Conclusion
Claims for medical negligence claims are diverse with a blend of rich information layered with deep conceptual understanding around the legislation on healthcare, the medical domain, and the legal one. Our medical record review company has tailored its focus towards aiding America’s litigators by offering a trusted eye concerning medical records within the biography of the case claims. This analysis seeks to assist the legal representatives in focusing their attention on details in the highlighted areas and further enhance their practices on behalf of their clients.
