Organizing Your Medical Records

It is quite crucial when dealing with a medical lawsuit that any records you are using are organized and complete. Structured and comprehensive medical records will save you time - no wasting time searching for what you need; and money – you won’t have to pay a medical expert a high hourly fee to organize the records.  

What Can You Do to Improve the Organization of Medical Records?

Start organizing the records as soon as you receive them. Records can be arranged in chronological order or by the types of records they are.  For instance, place all lab results in one section and all primary care documents in another. Hospital records should be separated and placed in chronological order. You'll can further separate them into additional types or categories, like subsections. Be sure all pages are numbered, especially if stored electronically. Numbering is vital to make it easier for you and your medical expert to refer to the pages during litigation or review.

Hardcopies of medical records should be arranged in a three ring binder. Once you have them organized, it is useful to make tabs identifying distinct sections in order to quickly locate that which you are seeking.

If you know the records will be evaluated by a medical expert, ask the expert how he/she would like the records prepared. Organizing the files yourself can save plenty of money rather than having the expert invest his/her time organizing or trying to find information.

Effectively organizing all medical files when working with a medical malpractice, personal injury or worker’s compensation case, may be hard. Nonetheless finding the time to do this can make or break your case. Medical records are filled with crucial information that can be critical to a case, therefore, knowing what you have and being able to find it quickly and effectively is essential.

To make sure your documents are organized in a professional way, consider having them analyzed by a medical record review expert. Contact us for more information about the importance of organizing the medical documents, and how you can get organizational support.

Comparative Negligence, Expert Witnesses, and Medical Malpractice

One would think that a wrong is a wrong, no matter where it took place and that your compensation for that wrong should also not be affected by where it happened.  However, in medical malpractice every state has different rules.  A recent lawsuit against LabCorp is an example of how those rules can reduce compensation.

A woman in Florida died of cervical cancer three years after LabCorp diagnosed two of her pap smears as negative for cancer.  Her husband filed a medical negligence lawsuit against LabCorp alleging that they misread the tests.  The jury determined that damages to her husband totaled just over $20 million, but reduced this award to $15 million because the patient was found to be 25% liable for her own negligence.

Florida follows a comparative negligence guideline in which a party’s own negligence will reduce any monetary award in proportion to the amount of the plaintiff’s negligence. Many other states follow a modified comparative negligence standard in which a party will lose any right to compensation if that party is more than 50% liable for his or her injuries.

Florida also requires medical negligence plaintiffs to file a notice of intent to initiate a medical malpractice claim, which must include an expert witness’s opinion that the plaintiff has a good basis for a lawsuit.  The notice of intent marks the start of a ninety-day settlement period that may or may not affect the statute of limitations on the case.

Other aspects of medical malpractice cases fall under differing rules in different states.  A plaintiff usually must file his or her malpractice case within two or three years of the occurrence or discovery of an injury.  Some states impose an absolute bar against any malpractice case of seven to ten years after the medical error is committed, regardless of when an injury manifests itself.

Many states have also enacted caps on damages related to pain and suffering (noneconomic).  In some instances courts have struck down those caps, but for now a plaintiff’s damages for pain and suffering can depend on what location the underlying wrong occurred.

The substantive elements of a medical malpractice case may be simple and straightforward, but the laws, rules, and standards which govern the case differ dramatically from state to state.  MediPro Solutions, LLC works with attorneys to navigate those laws and select the most highly qualified medical experts to analyze and verify a client’s malpractice case.  Contact us at your convenience for more information about our services.

Misleading or Misreading: Why Do Radiologists Face Medical Malpractice so Often?

Radiologists make up about 3.6% of practicing medical doctors, however they rank 6th among all specialists in the number of malpractice claims for which they've been defendants. From 1985-2002, radiologists were sued more frequently than plastic surgeons, anesthesiologists, gastroenterologists, and cardiologists.

Medical malpractice cases generally arise from two issues: improper medical care resulting in harm, or a poor doctor-patient relationship.

Radiologists specialize in the analysis of injuries and disorders using techniques and medical imaging equipment such as x-rays, positron emission tomography (PET), nuclear medicine, and ultrasound. Radiologists interpret and review these scans for diagnosis including internal bleeding, cancer, or fractures.

Radiological "misses" generally relate to either missed fractures or missed diagnosis of cancer. Misinterpretations of imaging associated with the breast and breast cancer were the most common cause of misdiagnosis leading to malpractice suits.

A review of 562 breast cancer malpractice claims by medical liability insurers from 2009 to 2014, found that 61% of the claims were related to alleged delays in diagnosis. Almost 48% of those delayed-diagnosis cases included radiology to some extent.

Radiological "misses" can result in serious effects for a patient. In 2012, the National Institute of Health released a scathing report claiming that mistakes in reading radiological scans generally arise from poor technique, lack of knowledge and experience, or failures of perception.

Please contact us for more information regarding medical malpractice.

Why Wisconsin Has the Least Medical Malpractice Claims in the United States

According to the National Practitioner Data Bank, only 6 out of every one million Wisconsin residents received a medical malpractice claim – the national rate is 27 out of every one million.  In 2014, Wisconsin physicians paid the least per capita in medical malpractice claims.  There were only 37 successful claims in Wisconsin in 2014. 

Wisconsin has accomplished this by taking several steps, some would argue overly drastic steps, to reduce its medical malpractice claims.  The state has enacted a $750,000 noneconomic damages cap.  Wisconsin has also included extensive expert witness testimony requirements in medical malpractice cases to establish the standard of care.  And finally, any claims greater than $1 million in total damages (both economic and noneconomic) are paid from the state’s Injured Patients and Families Compensation Fund, which has a budget of $1.2 billion.

The success in Wisconsin has caused other states to take similar steps.  Nationally, successful medical malpractice claims have decreased within the last 25 years.  In 1992, 56 out of every 1 million Americans received a medical malpractice claim.  By 2004, that number had dropped to 49 out of every 1 million, and by 2014, that number dropped to 27 out of every 1 million.

While these numbers are a relief to the health care industry and insurance providers, they are not entirely beneficial to patients with claims which do not have damages high enough to attract a qualified lawyer.  Often times, if the damages are not high enough, injured patients can have a difficult time finding a lawyer who will take their case. 

This national trend has the potential to significantly impact on both the medical and legal professions.  Contact us today for all your medical legal needs.

Surgical Center Found Not Liable For Uninsured Physician’s Mistakes

Dr Richard Kaul, a physician trained in general surgery, anesthesiology, and interventional pain management, practiced in New Jersey until 2012 from 2002. In 2014, the New Jersey State Board of Medical Examiners revoked his medical license after it was determined that he performed back operations without required training.

A former patient of his that he had performed a spinal fusion on in 2005 filed a suit against the Market Street Surgical Center as well as Dr. Kaul.  The patient argued that Kaul improperly placed surgical screws in the patient's foot which resulted in pinched nerves that made it permanently impossible for him to walk normally.

A trial court found Kaul guilty and awarded the patient $750,000, but the claim against the surgical center were dismissed. The patient appealed, but the verdict was upheld. New Jersey state law requires that physicians carry medical malpractice insurance, however, the law stipulates that penalties for not having insurance come from the New Jersey Board of Medical Examiners. The court ruled that surgical facilities could not be held liable for damages. In addition, physicians weren't required to disclose to patients that they were uninsured. The New Jersey Supreme Court ruled, legal damages were not intended under the law.

In light of this recent decision, Kaul announced that he's pursuing reinstatement of his medical license and he continues to run a medical consulting company.

For more information, contact us today!

State Laws and Institutional Policies for Student Athletes' Head Injuries Now Being Tested in Courts

The challenges brought about in sports medicine liability present many unique ethical and legal questions.  This is especially evident in the context of school and youth athletics.  There has been a lot of media attention, surrounding professional football players in particular, regarding the detrimental effects of repetitive concussions.  However, research shows that children and teenagers actually are more likely than adults to suffer from concussions due to their developing brains and the longer time required for youth to heal from such injuries.

Between 2009 and 2014, all 50 states have now adopted laws regarding concussions in student athletes, including when an athlete can safely return to play following a head injury.  These laws vary from state to state, but typically include three main components:

1.      Education for coaches, athletes, and parents

2.      Mandatory removal of injured student athlete from play/practice

3.      Mandatory implementation of protocols for determining return to play – usually 24hr minimum rest period and clearance from a medical professional.

These laws are now being tested in the courts.  This past spring the New York Times reported on a potential class action lawsuit pending against the Illinois High School Association challenging that organization’s head injury policies.  They are not seeking monetary damages, but rather changes to the head injury policies.

Lawsuits such as these have the potential to define the best policies and practices for youth sports programs.  They can also help to define the baseline duties and standards of care for medical and other professionals who are making decisions in regards to prevention, treatment, and return to play considerations for student athletes.

Please contact us should you need a medical expert with experience in all aspects of sports medicine.

Do You Need a Medical Expert Witness?

A medical expert witness is imperative to prove a medical malpractice case whether you represent the victim, or the physician or medical team accused of malpractice.

Why is it so important to have a medical expert testifying on your behalf?

The most overriding reason is the fact that in any medical malpractice case, many complex and technical terms will be utilized by both sides. A jury filled with laypeople who may or may not be acquainted with the technical medical terminology can be confused by these terms. It's the expert medical witness’s job to decode the technical terms and present the case in an understandable way to the jury.

The jury might not agree with a medical expert’s opinion, however, they must utilize the expert’s opinion to consider the important facts of the case at hand. It is, therefore, crucial to find a medical expert witness that is able to present your case in a clear, concise, and favorable way to the jury.

This is where we come in. MediPro Solutions is a small business that locates and provides medical experts to either side of a medical malpractice lawsuit. Our founder, Dr. Honor A. Schoech, MD, handpicks the expert witnesses all herself. Thus, she can promise that you will be satisfied with the personal attention given to each and every case.

If you are in need a medical expert witness for a medical malpractice case, contact us now.

Medical Malpractice or Bad Service?

We have all had a bad experience in the doctor's office whether it's the forgotten prescription a rude secretary, or the harried appointment. Now, medicine appears to be increasingly impersonal and unfriendly, but what actually makes up malpractice?

Standard of Care
If the care received significantly differs from the standard of care which other providers in exactly the same specialty or scenario would offer then it may be malpractice. For this reason, medical malpractice cases require testimony from an expert witness who is able to define that standard of care.

Damages
We have a tendency to believe that lawsuits automatically create hundreds of thousands of dollars in awards. Nonetheless, a lawsuit is supposed to cover damages that have been incurred. If there were no damages from the medical malpractice, then there's little motive to file a lawsuit. Even if the physician's behavior is upsetting or unprofessional, unless there were damages incurred, there is no reason to sue. For example, if a doctor prescribes a medication that you think you're allergic to, but you endure no allergic reaction, there is no reason to sue.

Near Miss or Medical Malpractice
Medicine is not a cut and dry science of absolutes, it is also an art. One must demonstrate that malpractice occurred, not that it nearly occurred, for it to be malpractice. For instance, if your doctor prescribes the wrong medication but corrects it before you take the drug, then you are not the victim of malpractice.

Bad Service Can Become Malpractice
When lousy customer service endangers your well-being it might be considered malpractice.  A rude receptionist or a long wait time is only malpractice if it endangers your health. An ER physician that dismisses your symptoms of internal bleeding or fails to correctly diagnose or treat anaphylactic shock has probably committed malpractice. In addition, if a doctor fails to get informed consent that may also lead to a lawsuit.

Many other types of recourse exist if you have a bad experience with a health care professional. Word of mouth, complaint letters, and online reviews are very strong remedies. Ensure your criticisms are exact or else you could end up at the wrong end of a defamation lawsuit.

Contact us today with all your medical legal needs!

The Forensic Evaluation of a Stab Injury

Developments in Forensic Medicine have provided real tools to assess the nature of any injury leading to the truth in almost any situation where a person has suffered from an injury.

An injury sustained as the result of the plunging of a sharp object into the body is considered a ‘sharp force injury’ or ‘stab wound’. Forensic specialists are highly qualified to analyze and assess the exceptional qualities of a stab wound and differentiate them from other kinds of injuries.

Stab wounds are usually classified by the following exceptional characteristics: span of cut on the surface is less compared to the depth of the wound; clean cut borders; one end of wound will have a pointed edge while the opposite end will have a fish tail appearance; the shape of the weapon may be arrived at by joining together the edges of the wound revealing the cross section of the weapon; and the direction of the wound will demonstrate notching caused by the motion of the body relative to the movement of the weapon.

Medical issues associated with stab wounds may be quite complicated. Outside hemorrhage is the most visible, but heavier trauma in deeper tissues is significantly more serious. Many infections can be due to this kind of injury in addition to an air embolism which can cause other medical problems in the entire body. Many of these wounds are concealed or puncture wounds which often don't reveal any external markings.

The evaluation of a stab wound can show many facts critical to an investigation and an appropriate judgment. The category of the weapon and the kind can be discovered. Physical features of the perpetrator and chronological events can be determined by the force of impact. Likely relative locations of the victim and perpetrator in addition to the age of the injury can also be discovered. Finally, the character of the harm whether it was suicidal, homicidal or unintended, can be deduced by the direction, location and amount of wounds.

MediPro Solutions will provide you with reputable medical and legal consulting. Hunt no more if you are in need of an expert in medical malpractice. Get in touch with trustworthy professionals that can help you at any moment!

Pain Medication Addiction – Could it be Malpractice?

Could it be medical malpractice if a patient becomes addicted to narcotic painkillers that were prescribed to battle chronic back pain?  It all depends on the circumstances and requires the advice of a medical expert in the same field as the doctor being sued weighing in on the ‘standard of care’.

An example from an article in NOLO described a doctor who prescribed pain medication to a patient who had a heroin addiction.  Is it malpractice if the patient did not disclose this past addiction? Another example involves a physician who prescribed pain meds to a patient for post-operative back pain.  After five years, the severe back pain was still present and the patient was now addicted to the pain medication.  A case could be made that the doctor was negligent for not referring the patient to a pain management specialist for treatment with non-narcotic drugs.

Especially with the addition of meaningful use, physicians have very little time with patients and often have to prescribe pain medications without being able to ask every possible question about their history. 

Guidelines are in place that strictly require doctors to warn patients about the risks of addiction.  The question in a lawsuit would be whether the patient heeded the warnings and followed instructions, or was the physician negligent in giving proper warnings.

A medical malpractice lawsuit about pain medication involves proving negligence on the part of the doctor.  However, could lawsuits like these do more harm than good since doctors might be more reluctant to provide pain medications for fear of lawsuits even if those medications are necessary? 

What is your opinion?

HOW TO GET THE MOST OUT OF YOUR MEDICAL EXPERT

What is the best way to maximize the efficacy of your medical expert witness and minimize the cost?  A lot of attorneys seem to be frustrated with a product that is not what they were searching for and high bills. I work with lawyers and physician medical experts every day, and I also do expert witness work myself. In my experience, the best thing you can do as a lawyer to optimize the efficiency and minimize the cost of your medical expert is to:

Make Sure Your Medical Expert Knows Exactly What You Want Them To Do!

Every case and every attorney client is distinct; your medical specialist must be told what you want from them. If you tell them to "review a case" be very specific regarding what that means to you personally! Do you want them to: write a case summary; build a timeline; analyze the case for merit; write a medical opinion; or examine one area of the records? Tell your medical specialist what has been done and what you already know about the case. Give specific directions considering whether you need an oral or written report and precisely what criteria should be included.

Ensure that your medical expert knows which sections of the case don't need to be reviewed. For example, is there something special you're seeking in the nurse's notes, or, since you have already gone through them yourself, can they be put aside?

Have a comprehensive list of what you need before you contact an expert. What should they stay away from, has the case already been reviewed for merit?  I know firsthand if you are more specific you will save money and get results that are far more relevant to your needs!

Hopefully you found this tip helpful to your practice! To learn more about our services,please contact us today! Your first consultation with one of our physician directors is always free.

Truth vs. Believability of Expert Witnesses

The truth should always be the main factor in the outcome of a legal case. In reality, we as individuals, frequently make decisions based on who seems believable, honest, or motivated. Jurors base their decisions more on courtroom drama and who appeared believable or most genuine, than on scientific facts and figures and often do not understand the facts. Thus, when choosing an expert witness, factors such likability and trustworthiness, confident body language, and speaking with authority are just as, or more, significant than real expertise. Witnesses who will speak with warmth and make an attempt to spell out the facts in a way a layperson can comprehend are crucial in winning a case. Expertise and credentials are required to allow the expert witness to testify, but play merely a minor role in persuading juries. Some believe that the current legal system in which each side pays and gets expert witnesses, enables the facts to become unimportant in the decision making process. Some have even suggested that so as to rebuild the value of facts, expert witnesses have to be appointed by the court to simply present and clarify the facts.

We are experts in working with expert witnesses!  Contact us today.