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The Role Medical Records Play in Litigation

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.

88 minutes
Certificate of Completion
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Over 36 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

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

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Why Lorman?

Over 36 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, Maine, 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 September 22, 2023.

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

  • AHIMA 1.5 including Health Law and Compliance 1.5
     
  • This program has been approved for 1.5 continuing education units for use in fulfilling the continuing education requirements of the American Health Information Management Association (AHIMA). Granting prior approval from AHIMA does not constitute endorsement of the program content or its program sponsor.
     
  • 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 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 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 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • NC CLE 1.25
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • 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: 88 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.4
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.4 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.5 including Skills 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 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.
     
  • TN CLE 1.47
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.47 hours of 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 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NY CLE 1.5 including Skills 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 36 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

Troy R. Rackham

Troy R. Rackham

Spencer Fane LLP

Troy R. Rackham, Esq.

  • Partner, Spencer Fane LLP
  • Defends hospitals, nursing homes, long-term care facilities, and other healthcare organizations in a wide variety of matters
  • Counsels healthcare providers and attorneys on regulatory, employment, and ethics matters
  • Frequently presents and teaches courses to legal and medical professionals on a variety of medical and legal issues
  • Authors a treatise on Colorado Legal Malpractice litigation
  • Recognized Colorado Super Lawyers, Best Lawyer in America, and People‚Äôs Choice Best Medical Malpractice Lawyer for Defendants (Law Week Colorado)
  • J.D. degree, William & Mary Law School; B.A. degree, summa cum laude, Weber State University
  • Can be contacted at [email protected] or 303-839-3860
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Why Lorman?

Over 36 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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Product ID: 409035
Published 2023
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