by David Anthony Smith | Apr 21, 2022 | Medical Malpractice, Personal Injury
How to use medical records effectively in depositions and at trial a. Foundations for Use and Admissibility When we discuss using medical records and getting them into evidence the two key concepts are authenticity and admissibility. Medical bills and...
by David Anthony Smith | Apr 21, 2022 | Medical Malpractice, Personal Injury
How to use medical records effectively at the Rule 26 expert disclosure stage in personal injury Cases a. Send/Review all records to expert What is sent to a “Rule 26” expert? The short answer, as it pertains to medical records, is everything conceivably...
by David Anthony Smith | Apr 21, 2022 | Medical Malpractice, Personal Injury
Obtaining and Using Electronic Medical Records in Personal Injury Cases a. Case Law Update Federal legislation in 2008 (Medicare Improvements for Patients and Providers Act of 2008 “MIPPA”, codified at 42 U.S.C. § 1395w-3 and 2009 (American Recovery and...
by David Anthony Smith | Apr 21, 2022 | Medical Malpractice, Personal Injury
Reviewing and Organizing Medical Records for Personal Injury Cases a. Hospital/Doctor Records With the advent of the EMR, pdf files and OCR scanning the goal should be to organize all records in electronic form (pdf) by obtaining searchable pdf files or, if...
by David Anthony Smith | Apr 19, 2022 | Medical Malpractice, Personal Injury
How To Properly Obtain Medical Records For Personal Injury Cases “HIPAA”, the Health Insurance Portability and Accountability Act, 29 U.S.C.A. § 1181 et seq., prohibits disclosure of individually identifiable health information and regulates persons with access to...
by David Anthony Smith | Apr 19, 2022 | Medical Malpractice, Personal Injury
In 2021, David Randolph Smith conducted a live webinar on the Effective Use of Medical Records in Personal Injury Litigation. Today, in a series of five blog posts, David explores the key points to maximize the effective use of medical records in personal injury...
