Introduction
The claim for medical negligence can prove to be complicated which most of the lawyers experience when dealing with the medical malpractices in the legal field in the US. We are a medical records review company which aims to help attorneys by conducting supportive medical chart reviews and reports. This piece, therefore, covers the fundamental aspects of the process of lodging a medical negligence claim, addresses the issue of the legalities surrounding the provision of medical record review services, and provides a practical approach for attorneys in improving their practice.
What is Medical Negligence?
Definition of Medical Negligence
Simply put, medical negligence is said to occur when the medical professional does not offer what would be considered reasonable care and skill of a competent member of that profession eg: a doctor, nurse etc. In cases like this the patient may suffer serious injury or health complications and therefore looking for legal redress may be deemed appropriate.
Common Examples of Medical Negligence
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Failure to obtain informed consent
- Birth injuries
Key Stages of a Medical Negligence Claim
1. Initial Consultation and Case Evaluation
Conducting a thorough assessment of the available evidence is the first step undertaken irrespective of the negligence. It is imperative for attorneys to sit down with the clients so that more details about the case, their past medical history and any previous treatments can be sourced. It outlines whether there is, and what was the, basis for the claim made in the initial consultation.
2. Gathering Evidence
Evidence is the backbone of any successful medical negligence claim. This includes:
- Medical records
- Expert witness testimonies
- Photographs or videos of injuries
- Witness statements
3. Medical Records Review
This stage is quite crucial and this is where we come in as an expert witness medical record review company. Our company has trained experts who comb through the medical records with the aim of finding mistakes or even components that were left out or even breaches to the standard of care. Using the analysis, the attorney can provide a clearly defined and concise perspective to the case at hand.
4. Filing the Claim
After gathering a plethora of evidence, the attorney then drafts a complaint which is addressed to a specific court. In the document, the plaintiff states in a few words the assertions that he makes and gives the basis of his claim.
5. Discovery Process
In the discovery stage, bilateral evidence exchange takes place. Possible acts include depositions, interrogatories, and document requests. Our Medical records review services can help lawyers in making sense and rearranging the scope of data presented in this phase.
6. Negotiation and Settlement
Out of all the lawsuits as a result of medical negligence, a good number of them go to settlements before even reaching trial. Settling a case is not an easy task for the attorneys as they have to be very good at negotiating to reach a favorable settlement for their clients. In this field, understanding medical records of the patient can assist lawyers to make strong arguments during settlement negotiations.
7. Trial
In the absence of a compromise, the case proceeds to trial. Attorneys must adequately prove the case through the admissible materials available and the expert witnesses who will be testifying on their client’s behalf.
8. Post-Trial Motions and Appeals
Once the trial has concluded, either of the parties can bring up post-trial motions or appeals if they feel that the trial has been flawed in any form. They must think carefully of the conclusion of the trial and the principles of law on which they are appealing.
The Importance of Medical Record Review in Legal Cases
Enhancing Case Strength
Medical records contain critical information that can bolster or destroy a case. Our medical record review services are tailored in such a way that the attorneys are well acquainted with the medical facts of the case, which is important when conducting the case.
Identifying Key Issues
Through our detailed analysis, we help attorneys identify key issues that may not be immediately apparent, such as:
- Inconsistencies in treatment protocols
- Failure to document patient interactions
- Lack of informed consent
Supporting Expert Testimony
Medical experts usually develop opinions based on information contained in the medical records. The experts, in the case of our thorough review, will be provided with context, hence founded testimonies.
Case Studies
Case Study 1: Misdiagnosis of Cancer
Overview: A 45-year-old woman visited her primary care physician with symptoms of abdominal pain and weight loss. The physician failed to order a biopsy, leading to a delayed diagnosis of colon cancer.
Challenges: There has been inadequate documentation of the patient’s medical history as well as ambiguous notes left by the curing doctor.
Solutions: Our medical record review specialists reviewed all the records available, and found a divergence in the treatment plan. We contacted the attorney and planned a collective plan which included the evaluation of an oncologist.
Case Study 2: Surgical Error
Overview: A 35-year-old male got his hernia repair done, but the surgeon did not maintain sterilization properly and the patient got an acute infection
Challenges: Records from the hospital were lacking details, and there were some discrepancies with the surgeon’s notes.
Solutions: We addressed the procedures within the available medical records, analyzing the surgical procedure in detail, among other factors. We coordinated with the lawyer to provide an in-depth strategy including the testimony of the Surgical Specialty.
Conclusion
Claims for medical negligence cases are multi-faceted and involve an acute knowledge of the legal framework on health care, medical files and the legal process. Our medical record review company has focused on supporting attorneys in the US by providing reliable medical records perspective in context of case claims. This paper will provide attorneys with attention to details in the areas presented in this paper so they can further their practice for the benefit of their clients.
