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E-Discovery in the Realm of Medical Malpractice

Due to an increased reliance on technology, hospitals, urgent care and other healthcare facilities have lost the ability to effectively bury paperwork that does not show them in a positive light. Pioneering medical malpractice attorneys understand the importance of an accurate electronic record and the crucial role that e-discovery plays in the future of negligence cases.

In the past, it might have been simple for doctors or nurses to alter records to limit liability or hide negligence. As the medical field adopts electronic records, these alterations might be more complex. For example, patient records can be duplicated in numerous fields from billing to an EHR (electronic health record). In addition, many companies regularly back up data in a secure offsite facility. This is all done to ensure the privacy, security and efficiency of data handling and patient protection. However, this can work against someone attempting to change the file.

A detailed medical record – while beneficial to patients – might ultimately work against a healthcare facility in a medical negligence case. E-discovery refers to the act of thoroughly investigating a hospital’s electronic records to uncover inconsistencies, errors or faulty reporting. While record-keeping is essential, many procedures depend on accurate data. Spinal surgery, for example, depends on minute-by-minute electronic feedback of nerve impulses and nerve function to provide guidance and instant alerts if the procedure begins to fail. Additionally, birth injury cases, anesthesia cases, failure to monitor cases, pharmacology error cases and medical malpractice cases centering on a missed or delayed diagnosis can hinge on accurately following an electronic record.

It is wise to discuss your case with a firm that has both the legal experience and medical knowledge to provide the advice and guidance you need. Medical malpractice cases can be complex and time consuming. It is crucial that you have a skilled attorney on your side who can provide the legal representation necessary.

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Any lawyer can win damages in egregious cases such as operating on the wrong body part. Many firms have the resources to hire experts. But few lawyers truly understand the medical science of medical malpractice litigation. As a result they may fail to recognize a viable case, unwisely pursue a weak case, or stumble in cross-examination of those medical experts.

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