Mistakes by attorneys while Medical records review
In a personal injury claim, a medical malpractice lawsuit, or a mass tort case, medical records serve as valuable evidence as well as an initial review of the case. These documents form the basis of the legal strategy, the client’s claims, and even the pre-trial settlement. Nonetheless, these documents are complicated to review as they are written in a complex manner which legal practitioners are not trained in.
Attorneys make errors not only because the documents are difficult to interpret, but also because of a lack of experience, which oftentimes results in an ineffectual case, undue delays, or loss of the case. The following are five mistakes that can occur while reviewing medical records and the steps one can take to prevent them.
The failure to get complete medical records is one of the most serious issues associated with attorneys. Without any context, it is incomprehensible to understand a client’s medical background and the injury suffered. If documents, like the physicians’ notes, tests, operations, or rehabilitation records, are not included, it might result in a weakened claim.
Misinterpreting Medical Terminology and Jargon
Medical records consist of a plethora of words and symbols that may boggle the mind of a person lacking a medical background. Without the context of the situation, it is easy to mix up the meaning of such words, especially when it comes to a patient’s injuries and therapies. Not classifying such evidence logically can result in adversities in legal situations.
Overlooking Pre-Existing Conditions
Attorneys sometimes seem to mix the incidents that harmed the client and pre-existing factors. Claiming the case in such a situation is like shooting oneself in the foot, for it is easy to get rebutted by the opposition attorney or even an insurance company self-defaming a case.
Ignoring Gaps in Treatment
Failure to receive medical treatment is one of the indicators that insurance companies and defense attorneys may use to claim that the complainant’s injuries were either non-existent or unrelated to the claim event. Even worse, these gaps are sometimes left unchecked, which can unravel an otherwise solid case.
Not Organizing and Summarizing Records Effectively
Most medical files are highly detailed, which makes them easy to misplace and difficult to use if they are not properly sorted. As a result, when attorneys do not organize and summarize the records well, they may be at a disadvantage when presenting evidence during settlement negotiations or in court.
Medical record review is an essential element that is necessary in personal injury and medical malpractice cases, and so are these mistakes. Attorneys who gather these records and determine the meaning of the medical information while adequately organizing their findings are in a better position to represent their clients.
For medical records review, it would be advisable to consult people who deal with medical-legal casework. They would be able to assist in providing better accuracy and effectiveness for winning a case.
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