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Use of Medical Records in Criminal Defense and Prosecution

Medical Records in Criminal DefenseMedical evidence is very important with regard to criminal cases. It is only through a comprehensive medical record review that attorneys can get a clear idea of the case they are handling, and prepare their argument accordingly.

In recent news it was reported that the Commonwealth’s attorney’s office filed a motion in Barren Circuit Court Judge Philip Patton’s court, seeking medical records in the murder case against John W. Amis who is accused for murdering his wife in Glasgow. The motion was filed because the facility that had the medical records of Lorine Dawn Labombard wanted a warrant to obtain the records. The doctor who performed the autopsy needed the records.

The accused pleaded not guilty in Barren Circuit Court. The unresponsive victim was taken to hospital by the accused, who claimed that his wife had experienced a drug overdose. However, it was revealed in the autopsy that the cause of death was not overdose, but blunt-force trauma.

Cases such as this highlight the importance of medical records in proving the truth. Medical evidence relevant to a criminal case may comprise forensic evidence, photos, lab analyses, micrographs, X-rays, scans and so on. The records may include the victim’s or that of the accused, treatment records or record of death. Their content help decide whether a person is guilty or innocent. However, getting a person’s medical records released for review can be difficult on account of their confidential nature. Moreover, it may be argued that certain medical documents are unrelated to the case and not potentially exculpatory.

Medical record retrieval companies assist legal professionals in securing and analyzing all medical records relevant to a case. The main advantage of associating with a dependable medical review company is that lawyers and their office staff are saved the trouble of reviewing the copious medical evidence. Firms that are active in the industry often have medical and legal professionals on their staff to provide expert opinion and a clear analysis of the case. What an attorney preparing the case needs is an accurate summary of the facts contained in the medical documents. Once the medical records are all well organized and indexed, and a clear medical case summary is prepared, it only remains for the attorney to go ahead and argue his/her case effectively.

About Rajeev Rajagopal

Rajeev Rajagopal

Manages the day-to-day operations of MOS from NY. With an interest in information technology, I have guided MOS to extensive use of digital technology and the internet that benefits MOS as well as MOS clients.