Medical records and their legal implications

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Medical records are sensitive and revealing documents. Both sides involved in a case would want them to remain confidential throughout the medical record review process. …

Medical records are sensitive and revealing documents. Both sides involved in a case would want them to remain confidential throughout the medical record review process.

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  • 1.                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809 Medical Records and Their Legal Implications Medical records are sensitive and revealing documents. Both sides involved in a case would want them to remain confidential throughout the medical record review process. Medical records are sensitive documents that can be really revealing and this is exactly why many people would rather keep them under lock and key. Quite recently, U.S billionaire George Soros’ lawyers requested a judge to keep his medical records, depositions and other “confidential” material sealed, in view of his legal battle with his ex-girlfriend. According to the billionaire’s lawyer, this request is made considering the fact that the nature of the claims involve details of both parties’ personal lives and both seek medical information among other specifics. Information disseminated may lead to embarrassment and annoyance for both sides involved and may also prejudice their business interests. The 83-year-old business magnate is scared that Adriana Ferreyr, his 30-year-old ex-girlfriend would reveal to the press sensitive information about his health, wealth and wife. Soros is being sued for $50 million by his girlfriend and the reason – for giving the $2 million apartment he had promised her to his wife Tomiko Bolton. In legal terminology, Soros had committed an “intentional infliction of emotional distress.” Ms. Ferreyr got really violent                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809
  • 2.                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809 during deposition and struck Soros in the head; she was prevented from striking a second blow by Soros’ lawyer, according to Manhattan Supreme Court papers. She also attacked the billionaire’s lawyer and an aide. In any legal battle, medical records are the prime proof of an injury and specific medical conditions. As such, both sides involved in a case would want these sensitive documents to remain confidential and not fall into the wrong hands and cause harm. Other scenarios where the medical records of an individual become important are when a physician is facing a malpractice charge and when a payer is determining the legitimacy of a medical claim. Reviewing the patient’s medical records is what experienced attorneys would do before committing to litigation. Usually, the medical documents are sent to an expert such as a medical record review company for comprehensive review or analysis. In a malpractice case, medical record review would reveal whether the provider or his team deviated from the standard of care. In a medical claim submitted for reimbursement, a detailed review of the patient’s medical records would show whether the services provided were medically necessary. Medical Records in the Discovery Process The discovery process before trial is the occasion when attorneys of both sides gain access to the evidence available and witnesses. Attorneys of both the plaintiff and the defendant would request for the medical records that may be used in court as evidence. Once the medical records are obtained, the review process begins to understand all angles of the case.                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809
  • 3.                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809 • Reviewing involves organization and analysis of the medical records, extraction of vital and relevant data, and summarization of the medical data. • Expert medical record reviewers would provide insightful review that will assist counsel to decide whether to settle, arbitrate/mediate or try cases. • For a seasoned medical review company, medical record volume and complexity is not a major concern because it will have the expertise and staff strength to handle even the most challenging projects. • Medical record review and analysis will be provided for any kind of litigation including: o Medical malpractice o Personal injury/healthcare o Nursing home/long term care o Toxic tort o Medical device o Pharmaceutical o Product liability What is it that an expert medical review company can accomplish that may prove highly challenging to an attorney’s office? o State-of-the-art medical records indexing, categorizing and organizing services.                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809
  • 4.                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809 o Accurate and speedy review process facilitated by the presence of trained and experienced medical as well as non-medical as well as legal review professionals. o They are trained to review the medical records to easily spot confounding variables and alternative causation, to detect tampering in the medical documents, identify missing records, make sense of illegible documents, and record additional providers of care. o They are dedicated to providing superior quality service in the best interests of the client. EMRs in Litigation With the advent of electronic medical records, significant changes are being created regarding what and how information will be considered evidence in litigation. In the current state of transition from paper to electronic medical records, medical and legal professionals must be aware of the changes to HIPAA, the DHHS Privacy Rule and Security Rule, the HITECH Act and the potential of computer forensics if they are to competently deal with EMR as evidence. Posted by MOS Medical Record Review Company http://www.mosmedicalrecordreview.com/                  http://www.mosmedicalrecordreview.com/                 1­800­670­2809