Witness Examination in Med Mal Cases: Leveraging Medical Records To Prove Breach of Standards, Causation, Damages

This CLE webinar will offer medical malpractice attorneys insights and practical tips for using medical records to examine treating physicians, experts, and other medical professionals, as well as how those witnesses can be used to test the medical record.

The medical record is the backbone of a medical malpractice case and is critical for preparing one's own case and when challenging opposing witnesses, either during deposition or at trial. The testimony and recollection of the people involved in the patient's treatment often differ from the medical record, impeding resolution of claims. Sometimes it is difficult to determine which is more accurate on which points.

Counsel will have to carefully examine what could be a voluminous amount of materials looking for gaps in the narrative and seeking to connect the dots of seemingly disparate information that may be recorded in unexpected portions of the record.

As a supposedly contemporaneous record of what happened by the people involved, the medical record carries significant weight. The medical record reveals the patient's medical history, diagnoses, treatments, and much more. The plaintiff's course of treatment and care can be compared to the accepted standards for treatment. The medical record tells the patient's story from first symptoms to treatment and highlights where things went wrong. Medical records are critical in demonstrating the connection between a provider's negligence and the patient's injuries.

Listen as this experienced panel of medical malpractice attorneys discusses strategies and practical tips for making the most out of the medical record.