Use of Medical Records in Personal Injury Claims

by | Last updated on Sep 11, 2023 | Published on Jul 18, 2013 | Medical Record Review

Lawyers handling personal injury lawsuits will have to scrutinize a number of medical records from the various healthcare providers who may have treated the injured person. These records are storehouses of vital information related to the case. They contain the observations of the providers as well as what the patient may have told them. The records contain medical findings, diagnoses and prognosis.

The data in the medical records helps the legal professional decide whether the claim is genuine and the covered person is eligible for compensation. Detailed medical record review can bring to light mistakes in the medical records, lack of medical records and tampering in the medical records. Medical records are also used during the examination for discovery. In this court proceeding, each party is allowed to ask questions related to the particular case under oath. This is the time when the claimant may be asked questions based on the information gathered from the medical records.

Usually, personal injury claims are settled prior to trial. However, if it proceeds to litigation, the records find use during the trial as well. They may be filed with the court and submitted to the judge along with the documents filed under the Evidence Act. They may also be submitted to witnesses who may refer to the records as part of their testimony.

Lawyers handling medical litigation can benefit from medical record review by an expert medical review team. Invaluable support is provided in analyzing and reviewing the medical records and identifying the core aspects of the case. Outsourcing medical record review requirements bring the benefits of reduced in-house workload, improved office efficiency and productivity, and valuable time and cost savings.

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