how does a medical malpractice lawyer evaluate the medical documents

by Gloria Walsh 10 min read

Initial evaluation of medical malpractice claims includes an in-depth review and analysis of the medical records, imaging and other documentation in order to determine the following: Exactly when and where the breach in the standard of care occurred The amount of time it took the provider (s) to identify the act (s) of negligence

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How do I evaluate my medical malpractice case?

Dec 31, 2008 ¡ Gather the records necessary for review. Just learning what the client remembers isn't enough--a lawyer has to actually gather a client's medical records to evaluate his/her case. This usually means the entire chart, not just the part that seems to the client to be relevant.

How can a medical malpractice lawyer get medical records?

Medical malpractice claims require several complex steps — from reviewing the medical records to determine the merit of the claim to finding the right experts who can verify that the doctor failed to act within the applicable standard of care. The first and …

What documents are needed for a medical malpractice case?

The evaluation of a medical malpractice case begins with a telephone call. As the facts of the potential case are described by our new client, there are three thoughts running through my mind: (#1) what was the date of the malpractice and has the statute of limitations expired?; (2) what is the deviation from the standard of care by the doctor?;

How do I prove wage loss as a result of malpractice?

Mar 17, 2022 · Medical records are the most important documents for beginning a medical malpractice case. Records both of the negligent care at issue as well as treatment after the fact are usually required to evaluate a potential case. Although some medical records and general literature are given to patients at discharge, to obtain your actual medical records you must …

What is the most important type of evidence in a medical malpractice case?

Your medical record is the most important piece of evidence you can use to support your claim. It shows your original condition, the treatment you received, and your condition after receiving treatment. This is one specific piece of evidence that should be part of every medical malpractice claim.Jan 5, 2017

What are the elements of a medical malpractice lawsuit?

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

How is the standard of care proved in a medical malpractice case?

A medical malpractice claim requires the plaintiff to prove, by a preponderance of the evidence, four elements: 1) that the defendant owed a duty of care to the plaintiff 2) that the defendant deviated from the applicable standard of care 3) the plaintiff suffered damages4) the damages were directly caused by the ...Aug 27, 2021

What does it mean to say that a doctor has failed to meet the standard of care in a medical malpractice case?

Simply because a health care professional or facility makes a mistake, that does not mean medical malpractice has occurred. In order to amount to malpractice, medical treatment has to fall below an accepted medical standard of care, and the sub-standard treatment must result in harm to you, the patient.

What are the 4 elements that must be present in a given situation to prove that a provider or professional practice is guilty of negligence?

In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages.Apr 30, 2019

What are the 4 C's of medical malpractice prevention?

Start by practicing good risk management, building on the old adage of four Cs: compassion, communication, competence and charting.Sep 30, 2015

What 3 things must be present for a healthcare professional to be considered negligent?

To be successful, any medical negligence claim must demonstrate that four specific elements exist. These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause.Dec 21, 2020

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What is accepted standard of care?

A standard of care can also refer to informal or formal guidelines that are generally accepted in the medical community for the treatment of a disease or condition. 2 It may be developed by a specialist society or organization and the title of standard of care awarded at their own discretion.Mar 4, 2020

What is the basis for most medical malpractice claims?

The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages.

What is breach of duty in tort law?

Breach of duty occurs when a person's conduct fails to meet an applicable standard of care. It is one of the four elements of negligence. If the defendant's conduct fails to meet the required standard of care, they are said to have breached that duty.

What does the term res ipsa loquitur mean?

the thing speaks for itselfLatin for "the thing speaks for itself."

What should I look for in a med-mal attorney?

Difficult and hard-fought, the complexity of medical malpractice cases requires the right lawyer with the expertise necessary to review and, if necessary, take your case to trial. That expertise comes from experience in the courtroom.

Getting the ball rolling

When you first consult with an attorney, you will explain what you believe went wrong and why. The lawyer will ask you a lot of questions, such as information about prior health conditions, the course of treatment, and follow-up medical care.

Timing is everything

Why is it important to consult with a medical malpractice lawyer as soon as possible? Because the time to file a civil lawsuit against a doctor, hospital or medical staff member is limited to two years from the date when the alleged injury took place. This is what is known as the statute of limitations.

Gathering up the evidence

If your lawyer considers your case a viable one, your account of the incident and the injury is not enough to pursue the matter. All of the records and other documentary evidence must be obtained and reviewed in detail to be sure that the case is a solid one.

Talking to the experts

A medical expert must also review your case to determine whether the defendant doctor, hospital or medical staff member made an error so significant that it went beyond the medically accepted standard of care, and that the error was a proximate cause of the injury or death.

How lawyer fees work

You do not incur any expense for legal fees or disbursements unless your medical malpractice case results in a jury verdict or a settlement. This is important because medical malpractice claims are expensive to pursue.

How does Giroux Trial Attorneys measure up?

Now that you know what goes on when an attorney evaluates and accepts a medical malpractice case, here is why Giroux Trial Attorneys should represent you for your medical malpractice claim:

What should a medical malpractice attorney do?

When starting a medical malpractice case, the injured patient should provide their attorney evidence both of what their injuries are and of how they were injured. If gathering documents on your own is unfeasible, a qualified medical malpractice attorney can help you obtain the necessary documents.

What is the most important document in a medical malpractice case?

Medical records are the most important documents for beginning a medical malpractice case. Records both of the negligent care at issue as well as treatment after the fact are usually required to evaluate a potential case. Although some medical records and general literature are given to patients at discharge, to obtain your actual medical records ...

Why do we need to take pictures of patients before and after a death?

Photographs of the patient both before and after the injury or death help personalize the case and establish the human toll caused by negligence. Providing a glimpse of the personal life of the injured patient, and their friends and family, is always helpful in a medical malpractice case.

What happens if you get injured in medical malpractice?

After suffering injury from medical malpractice, many patients find themselves unable to continue working their former job, or may become unemployable entirely. Damages are available for lost income or lost earning capacity, but documentary evidence is key. Pay stubs and tax returns establishing your previous income should be copied and provided to your attorney.

When should medical bills be provided to an attorney?

Your medical bills are a key part of proving your medical expenses, both past and future, and they should be provided to your attorney when you begin your case and subsequently if you continue receiving them.

Can you get subrogation from Medicare?

Furthermore, health insurers and government programs like Medicare or Medicaid may be entitled to subrogation, i.e., repayment of medical bills they paid for your treatment. All such correspondence should be provided to your attorney.

Can a medical malpractice case come from a doctor?

Communications about your case or the underlying medical issues may not come directly from your doctor, but could come from their insurer. If you have received any correspondence from your doctor’s liability or malpractice insurer—or from your own health insurer—you should provide it to your attorney.

Initial Screening of Medical Records

Proper case selection is the first and most critical step in the successful pursuit of a medical malpractice, nursing home, or personal injury claim. Let our physicians in the United States perform a flat fee medical malpractice case review to identify and distinguish medical malpractice from mal-occurrence.

Medical Legal Expert Witness Referrals

We refer Board-certified medical malpractice expert witnesses from some of the best institutions and private practices in the country. Pre-screened and highly qualified, our nationwide network of medical experts are actively practicing and not ‘hired guns’.

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Have you always wanted a full-time in-house Physician on your staff but thought it cost-prohibitive?

Flat Fee Medical Legal Case Evaluation

By performing a flat fee physician medical review, screen the relevant literature, and interpreting key events chronologically, MedMal will assist in “bottom line” analysis of the value of any given medical malpractice case.

Attorney Medical Malpractice Education

Unlike testifying medical expert witnesses, MedMal is available to personally meet and perform a physician medical review with attorneys to review the records, teach them the relevant literature and medicine, and assist in preparing and anticipating the potential arguments and strategy that the opposition may present.

Discovery – Depositions

Put a doctor on YOUR side of the table. We are available for attendance at, and consultation during depositions to field the curve balls frequently thrown during medically related testimony. Focus on the law – doctors can speak the language of doctors.

Medical Malpractice Trial Consulting

MedMal is available for helping layout a trial strategy for preparation of your medical malpractice trial. In-court consultation is also available. Many attorneys find this service particularly useful and utilize MedMal for trial consultation assistance with Voir Dire and when cross examining the defense medical experts.

What are flow records in ER?

Some facilities will employ one Flow Record to include medications, intake, output, vital signs, procedures and even Glucometer readings and wound care , but many facilities use separate Flow Records for each one of these tasks, especially outside of the ER setting.

What is a respiratory record?

The Respiratory Therapy Record however, may be a part of an Interdisciplinary Team Record or Flow Sheet. Physical Therapy Record. The physical Therapy Department has its own record to document any physically therapeutic rehabilitative treatment for strengthening or regaining use of extremities or muscle groups.

Why do nurses put their initials next to the name of the medication?

MARs in a general hospital setting are frequently changed because medication dosages and frequencies are often subject to change from day to day depending on the patient’s condition.

What is an ER assessment sheet?

The ER Physician’s Assessment Sheet can be diagnosis driven or generic. It contains the history and physical, review of systems, tests ordered and results, impressions and diagnosis, treatments, referrals, consultations, and finally the patient’s disposition and any applicable discharge instructions.

Why are Level 2 patients seen immediately?

They are seen immediately because timeliness will affect their morbidity and mortality. These patients account for only about 1% to 3% of all of emergency department visits throughout the country. They represent the true life and death emergencies. Level Two patients are also quite sick (yellow).

When the nurse notes these orders, the nurse is signing that the orders have actually been initiated.?

When the nurse notes these orders the nurse is signing that the orders have actually been initiated. It is important to carefully review orders and ascertain whether they were carried out. The actual execution of any given order may be found in various parts of the medical record.

Is an ER note separate from an assessment?

ER Nurse’s Notes. The ER Nurse’s Notes may or may not be separate from the ER Nur sing Assessment Sheet. On the floor, the Nurse’s Notes are usually separate from the Nursing Assessment.. Some hospitals use narrative entries and some utilize a check sheet format.

How to evaluate a medical malpractice case?

Step #1: Getting the Medical Records. The first step is getting your medical records. If you already have your medical records, you can mail a copy of the medical records to us or send them to us by email.

How long does it take to get medical records reviewed?

Doctors usually don’t review the medical records right away and it’s common for a case review by a doctor to take two or three weeks.

How to prove wage loss from medical malpractice?

To prove that you suffered wage loss as a result of medical malpractice, your attorney will need some documentary evidence such as your pay stubs or wage records.

What to do if you have suffered medical malpractice?

Waiting to seek legal representation can prevent you from filing a claim and receiving the compensation you deserve .

What is medical record?

Medical records can be used to demonstrate medical negligence. For example, if you were operated on the wrong site, then your medical records should contain complete information about the date and time of surgery, name, and details of the healthcare provider, site of surgery, procedures followed, and other relevant details.

Should a defendant's documents be forwarded to the attorney?

Any document that you receive from the defendant or attorney should be forwarded to your lawyer. Similarly, any other document that may strengthen or have a bearing on your case should be preserved and provided to the attorney.

Save Money for You and Your Client With a Physician Medical Review

Why get stuck scouring through pages and pages of records that can be hard for an attorney to decipher? Plaintiff attorneys across the United States rely on MedMal Consulting physicians for organizing and reviewing medical records for litigation purposes.

MedMal Physician Consultants Organize and Review Medical Record for Litigation Purposes

Performing a flat fee comprehensive physician review of your client’s medical records saves you money and allows you to understand the case better to maximize its value. Our doctors interpret the records, review key events chronologically, and take all the factors into consideration in their case evaluation.

Determine the Types of Persuasive Experts Needed to Prove Your Case

Throughout their medical record review for attorneys’ purposes, our physician’s medical review searches the entire record for key details and events. We take into account all the factors of the case including things like: