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Wednesday, November 1, 2017

Personal Injury Claims – An Overview

An introduction to Personal Injury
The term “personal injury” refers to an area of the law that lets you get a legal remedy for all losses stemming from an accident or other incident where someone else’s carelessness or intentional conduct caused you to be injured.

Some Common Types of Personal Injury Cases:
Personal injury cases involve injuries caused by someone’s negligence or misconduct. Common personal injury claims include:
  • Car accidents (including accidents involving pedestrians),
  • Motorcycle accidents,
  • Premises liability (such as slip and fall claims),
  • Product liability (claims involving defective or dangerous products), and
  • Wrongful death

Can you claim compensation?

Experiencing a personal injury can leave you with both physical and psychological injuries.
Making a claim can get you the compensation you deserve for the financial losses you may have suffered and the future treatment you need.
You may be entitled to personal injury compensation if someone else was to blame for your accident. This can be through deliberate intent, such as an injury caused by violent crime, or through negligence in ensuring your safety, as in an accident at work.
The accident can happen anywhere, for example, it can be on the road, on a sports field or an accident in a public place such as a supermarket.
You can make a compensation claim for physical or psychological damage or both.
You can claim compensation for the pain and suffering caused by your injuries and the things you need as a result of your injury.
You can also claim compensation for financial loss. For example, for loss of earnings.

Role of Medical Records in a Personal Injury Case:
Medical records play a key role in any personal injury claim. In most cases, both sides will get access to all the plaintiff's relevant medical records.
Medical records are the focus of many personal injury cases, since the claimant or plaintiff is seeking compensation for injuries ("damages") from the at-fault person or business.
It allows both sides to assess the physical injuries and the viability of a particular case.
It provides proof of physical injuries.
It helps to calculate damages sustained by the injured person.
It allows a medical expert or medical profession to analyze the records to determine the cause of the injuries.
It helps the alleged at-fault person avoid paying for preexisting injuries.

Preparing A Medical Summary for Attorney’s Review:
Any injury claim requires the preparation of a chronological medical summary that will help to understand the nature of the injury, the patient’s past medical history and its impact on the injury and other vital information. An attorney can evaluate a claim only after completely understanding the injury and its relationship to the incident in question.
Preparing a flawless paralegal medical records summary for an attorney requires years of experience. The important thing is to be well-versed in the vocabulary of medical legal technology and also understand the nuances of civil litigation.

Thursday, August 10, 2017

Special Medical Charts – For Better Understanding

Value added services are customized medicolegal reports provided as an add-on service. Tailor made reports are generated after a detailed analysis of the case. It can be a single report, diagrammatic representation or power point presentation that can aid in better understanding of the case. It helps in understanding the mountainous mass of medical records in a single report. All the significant key points will be included in the special report for ease of understanding the case.

Below are the different types of special /customized medical reports:
·         Graphical Timeline
·         Diagrammatic representations
·         Info graphics
·         Bar Charts
·         Line Graphs
·         Calendar Timeline

Graphical Timeline: Timeline of medical events presented graphically in a single report for ease of reference. Accident events, medical malpractice events, treatment course can be included in timeline.

Diagrammatic representations: The events will be represented in schematic diagrams and flowchart for better understanding. Accident diagram, procedures, fall cases can be depicted diagrammatically.

Info graphics: Informative pictorial representations for medical procedures and diagnosis

Bar Charts/Line diagrams: Abnormal vitals and lab values significant for case focus will be presented in bar charts and line diagrams to aid in quick reference.

Prior and post lifestyle Calendar: The date of accident with prior and post lifestyle will be included in a calendar timeline. Lifestyle impact post-accident will be depicted in the calendar

These special medical charts help in understanding the case details from a single page report. The special reports are designed with all the significant details of the event and damages sustained by the patient. Diagrammatic representation of accident scene and summary of injuries play a vital role in proving the negligence and winning the case.

Monday, July 24, 2017

Medical Malpractice - Common Errors

Medical malpractice claims are vast and there are many different types of medical negligence. While medical negligence can occur in many different ways, the general theme is that negligence occurs when a medical professional deviates from the accepted level of care provided to the patients. Each case is unique with different perspectives. The practice of medicine is complex in nature and it is no doubt that even a minor error by the medical provider can have damages or even life threatening effects on the patients.

If an undue injury is caused by any such deviation from the accepted standard of care, the doctor, staff or hospital may be held liable.

Below are some of the more common categories of medical negligence:

Anesthesia errors
Prior to any surgery, it is essential to perform a preoperative anesthesia assessment and thorough review of patient’s history, medical conditions, medications and allergies to determine whether the patient is medically stable to receive the anesthesia.

Anesthesia malpractice can occur if the Anesthesiologist fails to properly review the patient’s health conditions and wrongly administers drugs to which the patient is allergic, causing injury or even death in some cases. Even if the pre-work has been done correctly, there is potential for negligence if not monitored properly.

Diagnostic errors
Correctly diagnosing medical conditions with the elicited symptoms is critical for providing the appropriate medical care. The physician requires good medical knowledge and clinical expertise. The common diagnostic errors are misdiagnosis, delayed diagnosis and failure to diagnose. Certain medical conditions exhibit unique signs/symptoms. If the physician fails to recognize those symptoms and diagnose the conditions, then it is negligence. If the X-ray or scan is misinterpreted, it is then the negligence of the radiologist which will lead to wrong diagnosis and will impact further treatment.

It is also crucial to provide diagnosis in a timely manner which can prevent poor prognosis and facilitates fast recovery of the patient. Delayed diagnosis of heart attack, stroke and traumatic injuries can even be fatal.

Surgical errors
Negligence during a surgery can often lead to multiple surgeries, infection, organ damage and even death. The surgeon requires an enormous level of skill; even a small error can have adverse effects on the patient. Errors can happen in variety forms ranging from perforations/unintentional lacerations of the vital organs, profound blood loss, foreign object left in the body, wrong site or even a wrong surgery. It is the duty of the surgeon to take the responsibility to avoid any fatal errors.

Medication errors
Medication error is a major cause of morbidity and mortality. The types of medication error includes prescription of wrong/unnecessary medication, wrong dosage, dispensing wrong medication and prescription of multiple drugs which can lead to adverse drug reactions.  

Treatment errors
After diagnosis of the medical condition, it is the utmost responsibility of the physician to provide the correct treatment. Medical negligence can also occur if the right treatment or care is not provided which can result in further damages. It is important that the physician follow-up regularly and monitor the clinical progress of the patient.

Obstetrical errors and Birth injuries
Obstetrical medical errors can lead to devastating effects to both the mother and the baby. Adequate prenatal care and monitoring is essential to prevent any complications in the development of the baby as well during the child labor. Birth injuries can occur if appropriate management is not done during the delivery. If the baby depicts signs of fetal distress, such as breathing problems due to lack of oxygen or reduced heartbeat, then immediate C-section is required. Mismanagement of difficult birth can result in forceps injury or serious damages. Timely diagnosis and treatment of mother’s health condition is essential to prevent any damages to both the mother and the developing fetus.

The categories discussed are just an overview of the common cases; there are a lot more categories. Each case is unique and sometimes complex with multiple facts.

Our Expert team is well trained on medical malpractice claims handling. We support by providing a detailed case analysis with essential details. We include all the evidences available in the medical records to scrutinize the deviations. We provide a complete overview with merits and demerits of the case.

Thursday, April 13, 2017

Medical Malpractice claims – A glimpse

Medical malpractice claims arises when a patient sustains damages as a result of negligent or substandard medical care provided by any medical provider such as a doctor, nurse, technician, therapist, hospital or medical worker. The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. Medical malpractice is a professional negligence by act of commission or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient.

Basic factors in evaluating a claim
·         A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
·         A duty was breached: the provider failed to conform to the relevant standard care.
·         The breach caused an injury: The breach of duty was a proximate cause of the injury.
·         Resultant damages: Physical, emotional or financial

Statute of limitations
There is only a limited time during which a medical malpractice lawsuit can be filed. The time limits are set by statute in a common law. The length of the time period and when that period begins vary per jurisdiction and type of malpractice. Therefore, each state has different set of time limits.

Necessity of Medical Expert Team

Medical malpractice cases always require a skilled medical expert or a team of medical experts to prove liability. Medical knowledge and analytical thinking are essential to analyze and summarize a medical malpractice case. Medical malpractice analysis requires data management skills, accurate documentation of medical records and highlighting core details.

With the help of medical chronologies and expert medical opinions, the challenges in winning a medical malpractice lawsuit is much easier. It allows tracking of clinical course and progression of the patient. It helps in scrutinizing deviations from the standard of care and substantiates the resultant damages.

Our Expert team will do a detailed systematicexamination that helps to summarize the essential facts and extract the pertinentinformation in the chronology and make it easier to read even mountainous massof medical records!!!

Wednesday, March 8, 2017

Introduction to Legal Process Outsourcing and Medicolegal Services

Legal process outsourcing (LPO) is the practice where law firms and other organizations outsource legal work from other places or other legal support services companies. India is considered to be a major destination for legal outsourcing due to its availability of affordable highly qualified doctors and experienced attorneys for medicolegal services. Cost saving is the biggest attraction for the western firms that outsource their legal work. India’s legal services are widely considered affordable, efficient, and above all, skilled.

Lex Process is ISO 27001 certified and HIPAA compliant organization. We provide wide range of medicolegal products and services for the attorneys. We have a dedicated team focused on providing round the clock medicolegal solutions. We provide customized services and include an analysis of the medical/legal issues. We assist the attorneys to understand the case in depth and support them to know the legal issues in the case. We ensure data integrity and confidentiality of patient’s information by enabling Quality Management system and security process.

We support our clients by offering various medicolegal services for medical malpractice, personal injury and mass tort cases.

Our products and services help in scrutinizing deviations or negligence from the standard of care. It allows tracking of all medical visits progressions and timelines. It helps the attorneys to know the strengths and weakness of the cases.

Our services contain detailed and relevant information which allows the reader with a different clinical expertise to uncover idiosyncrasies and include information that pertains to the case and refrain from providing confusing and superfluous data.