Medical Record Reviews: What Attorneys Need to Know

When deciding whether to represent a client in a case that involves personal injuries or medical malpractice, it is essential for every attorney to conduct a review of the pertinent medical records. However, no matter how seasoned an attorney may be in analyzing medical information, it is prudent to obtain the services of professionals with expertise in medical record review. By outsourcing to experts, attorneys can ensure no stone is left uncovered and that all aspects of the potential case are evaluated, while also saving the time of their in-house staff. 

What is a Medical Record Review?

The purpose of a medical record review in the legal context is to understand and evaluate a case’s strengths, weaknesses, potential legal claims, and defenses, as well as to develop case theories and strategies for any future litigation. The review should include any information that is pertinent to the patient, such as medical history, physician notes, and the results of any lab testing. Given the requirements under the HITECH Act, it's essential to ensure that HITECH medical records are properly analyzed to comply with privacy laws while also evaluating the underlying medical issues. In order to properly evaluate the legal aspects of a case, it is necessary to understand the underlying medical issues as well, which is the goal of reviewing the records.

Standard of Care 

In the medical malpractice context, a review of medical records should help determine whether the physician defendant deviated from the requisite standard of care. Because the standard of care applicable to a case is dependent on the specific practice area in question, it is important to focus on the details of the physician’s actions, as opposed to a broader view. 

Causation 

Even if a physician deviated from the particular standard of care of their practice area, the deviation must have proximately caused the patient’s injuries. This requires establishing a direct causal link from the physician’s actions. A patient’s medical records may be complex and voluminous, with multiple events preceding the injuries. Therefore, it is necessary to analyze the records thoroughly to parse through each event and determine which harmed the patient. 

Damages 

Because damages are case-specific, medical records are necessary in order to quantify the value of the harm caused to the patient and estimate the value of any future losses, such as future medical care. 

Who Needs Medical Record Review?

Anyone involved in litigating personal injury, medical malpractice, or mass tort cases (just to name a few!), can benefit from medical record review. From an attorney's perspective, medical records are necessary to prove the elements of the claims but are also valuable before the lawsuit even commences. In states that require an attorney or medical expert to submit an affidavit of merit before filing the suit, medical record review is especially critical.

However, not just attorneys benefit from obtaining record review services. Insurance companies can utilize the review process to determine the validity of claims, while healthcare providers (especially those who are facing or could face lawsuits) can benefit from evaluating their actions and identifying any medical errors. 

The Pitfalls of In-House Review: Why Outsource to Experts?

If a case is scientific or complex enough to warrant a medical expert, which nearly all such cases are, then review of its records should be left to the expert as well who is trained on the necessary medical concepts and terminology. The complexity and sheer volume of some medical records might result in an attorney expending inordinate time and resources reviewing, organizing, and analyzing the material. Although some firms may delegate such a job to a hired physical or nurse consultant, oftentimes one person is simply not enough to conduct a comprehensive review. A medical records review service that offers a team of reviewers can efficiently and competently perform these tasks so that an attorney’s time can be better served on other aspects of the case. 

Expert Institute’s Medical Records Review Services

With over sixty physicians, some of whom are still actively practicing medicine, the team of medical professionals at Expert Institute offers a vast array of expertise in different specialties and subspecialties and has extensive experience in both the legal and clinical realms. Our medical experts can efficiently streamline the review process with accuracy, annotating key information and identifying missing records.

With an average turnaround time of seven to ten business days, our reviewers save attorneys and other professionals the cost of sourcing this work to in-house staff. In addition, our experts help attorneys avoid costly mistakes by identifying missing records as well as information that can strengthen the case strategy and legal arguments of the case. We offer user-friendly recordings and transcription services of all conversations that take place with the expert, so attorneys can focus on the meeting instead of taking notes.

Overall, the services offered at Expert Institute can save time and money while also enhancing the chances of a favorable case outcome. A consultation can answer questions you may have about the process.