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.
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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
This course was last revised on February 27, 2020.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.7
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.7 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- 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.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 5.
- ND CLE 1.75
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 hours of CLE credit.
- NH MCLE 1.7
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 99 Minutes.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- 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.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
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
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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