Medical records are of paramount importance in different types of litigation, especially in personal injury, medical negligence, and workers’ compensation. Conducting a medical record review is the first step in determining the credibility and applicability of the evidence in such cases. However, one common question that some attorneys as well as clients tend to ask is: are the medical records evidentiary documents that can be tendered in court?
In this blog, we will discuss the impact of medical records on the legal proceedings, the use of such records in the court of law as well as the process of obtaining such records using subpoenas.
Why Are Medical Records Important in Legal Cases?
Medical records are often voluminous and multidisciplinary which encompass a host of information about the evolution of an individual’s health. This is why medical records are important in that they create a definitive record of each treatment, any symptoms, any diagnosis made, any procedures carried out, and the outcome that followed, all of which are important in proving or establishing the facts in court.
The Role of Medical Records in Personal Injury and Medical Malpractice Cases
For litigation involving personal physical injury claims, medical records assist in substantiating claims related to the nature of injuries suffered, treatment undertaken, and the permanence of the injury.
Regarding medical malpractice litigation, the records serve to demonstrate the degree of care that was exercised with the degree of care that was required in the profession. The significance of such records and reviews is relevant to the counsel in the context of analysis of the facts towards effective case crafting.
Can Medical Records Be Used in Court?
Medical records are admissible in court, but certain conditions and procedures need to be adhered to. At times, such documents may be sought by the adversary to ensure that there is maximum transparency and to be able to prove or disprove its plausibility to the case. Let’s examine how this process works in this case.
How Can Medical Records Be Used in Court?
Medical records can be used in court to:
- Determining the time when a patient sustained an injury or an illness
- Determining the time when a patient’s injury or illness was diagnosed
- Establish the level of health service that was provided against the required standards
- Establish any residual effects that can be of assistance to the evaluation of damages in personal injury cases
However, medical records can only be issued under specific situations. Legal teams must ensure that the records required are related to the case and are within the Health Insurance Portability and Accountability Act stipulations.
What Does HIPAA Say About Subpoenaing Medical Records?
In the first place, HIPAA has made it compulsory that an individual’s medical information should be kept away from the public. However, this is not meant to say that attorneys should willy-nilly request for medical records because even their requests fall within HIPAA. There is also strict advice on how subpoena is being used under HIPAA because records can only be subpoenaed for a reason that is covered by laws. Violating these laws is a criminal offense that attracts prosecution.
The Subpoena Process
For the medical records to be admissible in court, the medical historian’s attorneys must analyze medical records. A detailed analysis helps to achieve the following goals:
- Locate pieces of evidence that would be appropriate for the situation.
- Construct a case depending on the medical basis available.
- Anticipate several odds that are likely to come up during the hearing.
Importance of Medical Record Reviews for Attorneys
To ensure medical records are used in court effectively, attorneys must conduct a thorough review of medical records. A comprehensive review helps to:
- Identify key pieces of evidence relevant to the case
- Determine the strength of the case based on medical documentation
- Prepare for potential challenges in court
A detailed examination of the file ensures that the attorneys do not miss the important facts that can assist them in their arguments. Failure to perform such due diligence may place the attorneys on a dangerous edge of missing critical details which may alter their pursuit of case strength.
Conclusion
In any legal dispute, especially in the context of obtaining compensation for personal injury, medical malpractice, or workers’ compensation, medical records are of utmost significance. If needed, they can be presented in the courts, however, attorneys must properly subpoena the medical records and comply with the requirements of HIPAA Contrary to the requirement. Attorneys involved in the handling of complicated legal issues must necessarily ensure that a medical record review is done, otherwise, there is a chance that some important details may be overlooked. Then, let us help you with any of your medical records and medical records review.
When working on a medical-legal case, be assured to obtain a comprehensive and accurate medical records review for your case. Contact us now for an appointment to ensure that your case contains the best medical evidence attainable.
