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Sponsored by Lorman Education
Product ID: 406581EAU
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The Role Medical Records Play in Litigation

OnDemand Webinar (99 minutes)

Learn and understand how medical records are used in litigation.Medical records are at the center of any personal injury claim. This material will cover the use of medical charting in litigation and will focus on real life examples of how the medical record is used to prove the elements of a tort claim and will illustrate how to best approach the challenges presented by use of a medical record in litigation. The history of medical charting and EMR will be reviewed, as well as how charting is used in lawsuits to both prove and defend elements of the case. This material will illustrate how charting is used in litigation, preparing attendees for tactics used by plaintiff and defense attorneys in depositions. You will learn details on how new adjuncts to charting, including patient portals and audit trails, are used to both attack and defend health care providers in lawsuits.


Stuart Berman, L&G Law Group LLP



• What Is a Medical Record?

• History of Medical Records in Litigation

• The Standard of Care

Affirmative Uses of Medical Records

• To Assist in Proving Compliance With the Standard of Care

• To Assist in Proving Damages

- Reasonable and Necessary

Negative Uses of Medical Records

• To Assist in Proving Duty

- The Doctor-Patient Relationship and Curbside Consultations

• To Assist in Proving Breach

- Breach of the Standard of Care

• To Assist in Proving Causation

• To Assist in Disproving Damages

Conduct of the Deposition

• Leading the Witness Through the Record

- Defendant or Material Witness Depositions

- Treater Depositions

Deposition Examples

Modern Problems

• Electronic Access and Audit Trails

- Curbside Consultations

- Record Modification

- HIPAA Claims