The Role Medical Records Play in Litigation

$219.00

SKU: 409035

Description

Learn and understand how medical records are used in litigation.
Most lawyers who handle cases arising out of personal injuries must obtain and build their cases on the information and data contained in medical records. In this presentation, Mr. Rackham will offer insights and suggestions for obtaining, preserving, and capturing critical information from medical records to help lawyers most efficiently and effectively present their cases. Additionally, most healthcare providers utilize some form of electronic medical records in their practice. A significant number of healthcare offices are paperless. In this presentation, Mr. Rackham will discuss the risks and benefits of using electronic medical records. Mr. Rackham will discuss the unique aspects of electronic medical records to assist attendees in locating all relevant records and using them in litigation. Mr. Rackham will discuss common issues that may arise with electronic medical records in litigation, including limitations on access, discovery of audit trails, and inadequate recordkeeping. Mr. Rackham will also offer tips on using electronic medical record evidence at trial and overcoming evidentiary objections.

Date: 2023-09-22 Start Time: 1:00 PM ET End Time: 2:30 PM ET

Learning Objectives

* You will be able to define what is included in a medical record, how they can be or are used in litigation, and how electronic medical records create different legal concerns.

* You will be able to describe the risks and benefits to creating and using a medical record in a court for litigation.

* You will be able to discuss the legal restrictions and concerns with using medical records in litigation and how to obtain and use them most effectively.

* You will be able to identify best practices in creating, gathering and using electronic medical records in litigation.

War Stories About Medical Records
• Confidentiality
• Peer Review
• Quality Management
• HIPAA/ HITECH

Medical Records
• What Are They?
• What Records Included/ Excluded?
• Paper Records?
• Standard of Care Issues
• Production Issues for Medical Records (Paper V. Electronic)
• Audit Trails
• Other Records

Risks and Benefits With Electronic Medical Records
• Benefits
• Risks

Ediscovery and Confidentiality
• Duty to Preserve
• Electronic Medical Records Are Permanent
• EMRS Can Be Decontextualized
• Impact of Quality Management and Peer Review
• Other Records Also May Be Part of EMR

Use of Medical Records as Evidence
• Evidentiary Foundations
• Evidentiary Issues Unique to Electronic Records
• Healthcare or Medical Bills
• Testimonial Issues
• Provider Disputes
• Provider Concerns

Questions

ACHE ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HFMA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Troy R. Rackham-Spencer Fane LLP