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The Role Medical Records Play in Litigation

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.

99 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Background

  • 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 DoctorPatient 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
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 27, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.75
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.75 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stuart Berman

Stuart Berman

L&G Law Group LLP

  • Partner at L&G Law Group LLP in Chicago
  • Practice focuses on medical malpractice, long-term care defense, and the formation of captive insurance companies; he defends hospitals, medical centers, nursing homes, physician groups, individual physicians and nurses in medical malpractice, and long-term care negligence cases
  • Has particular expertise in cases involving complex and catastrophic losses, products liability, and compliance issues
  • Consults and advises hospitals and other health care facilities on restructuring risk management processes and compliance issues
  • National supervising counsel for two national insurance collectives and works to assist doctors and hospitals in forming captive insurance companies, risk retention groups, and risk purchasing groups
  • In addition to his practice as a lawyer, he frequently speaks to medical and legal professionals regarding topics related to health care litigation; he has written or co-written multiple publications and has written, edited, presented and/or co-presented multiple lectures covering a range of topics in medical malpractice
  • Graduate, Chicago-Kent College of Law; undergraduate, Bates College
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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  • State Specific Credit Tracker
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Product ID: 406581
Published 2020
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