Medical Record Review for Attorneys: Best Practices and Strategies

by | Published on Feb 5, 2024 | Medical Record Review

Medical record review for attorneys is a crucial aspect of legal proceedings, especially in the field of personal injury, medical malpractice, and workers’ compensation cases. These cases involve thousands of medical records and manually navigating through them could be labor- and time-intensive, inefficient, and inconsistent. That is why attorneys and their legal teams need to identify best practices and strategies to conduct a medical record review. A practical way to complete the medical record review in a timely and efficient manner would be to utilize professional record review solutions.

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Medical Record Review for Attorneys – Strategies to Adopt

  • The first step is to obtain all relevant medical records, including hospital charts, physician notes, test results, and treatment plans. In a personal injury case, for instance, crucial evidence such as a nurse’s note that contradicts the initial diagnosis may surface during the review. You need to have a specific plan regarding the particular information you need to identify and review. In this way, you can stay focused and organized throughout the review process.
  • Ensure thorough documentation review. It would help to make comprehensive notes, highlighting important information such as treatments, dates, inconsistencies, missing information and so on. Consider a medical malpractice case wherein any discrepancy such as one identified in the medication administration records will help prove that the wrong dosage was administered, which harmed the patient.
  • Prepare an accurate medical case chronology: Once the medical record analysis is made, a clear medical case timeline or chronology must be prepared with the information gathered. This will help understand the sequence of events and also identify any gaps or discrepancies in the documentation. Creating a chronological timeline of events using medical records helps attorneys present a clear and compelling narrative to judges and juries. In a workers’ compensation case, for example, an attorney can successfully reconstruct the timeline of a workplace injury using medical records, proving that the employer’s negligence directly caused the accident.
  • Collaborate with medical experts: Seeking input from medical experts can provide valuable insights and strengthen the legal team’s understanding of complex medical issues. In a case involving surgical complications, the attorney can consult a good surgeon who can identify procedural errors, if any, based on the medical records. This will ultimately bolster the case and result in a favorable verdict.
  • Identifying red flags: Attorneys must be vigilant in identifying red flags such as conflicting statements, alterations to records, or missing documentation. One such instance can be when the attorney finds that important records related to a defendant’s previous medical history were intentionally omitted, raising suspicions about the credibility of the opposing party.
  • Effective use of technology: Leveraging technology, such as electronic medical record (EMR) systems, can streamline the review process and enhance the organization of voluminous medical records. Advanced software can help analyze electronic records efficiently and uncover patterns of negligence which in turn can contribute to a successful resolution in a medical malpractice case.
  • Ensure strict confidentiality: Given the highly sensitive and confidential nature of medical records, it is important to ensure that proper security measures are implemented to safeguard them. To avoid any ethical or legal violations, understand the applicable privacy and confidentiality regulations.

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Medical chart review is a nuanced process that requires diligence, expertise, and collaboration. By adopting the best medical records services and employing effective strategies, attorneys can unravel critical details within medical records, ultimately building stronger cases for their clients. Medical record review challenges can be overcome through proper planning, meticulous attention to detail and excellent collaboration. The more efficient the medical record review, the more effective will be the attorney’s representation for his or her client, and better will be the legal outcomes.

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