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How to Do a Good Medical Review as a Legal Nurse

A thorough and thoughtful review of medical records is key to building a claim or defense force in a legal proceeding.  Yet, analyzing these records can prove to be challenging and sometimes overwhelming.  Feel-based noesis of patient intendance and medical tape keeping is a force of Legal Nurse Consultants. Specialized experience and cognition allow them to more easily navigate this process. Nurses tin perform a more detailed analysis than other members of the legal team. Their familiarity and expertise with the healthcare organisation permit them to place irregularities or variants in the delivery of patient intendance.

Med Constabulary Advisory Partners' Legal Nurse Consultants have decades of experience reviewing records and determining the merits of a medical case, resulting in measurable, positive outcomes in legal cases. Learn more about how to review medical records and the value of Legal Nurse Consultants.

Asking the Relevant Medical Records

When using medical records to build a claim or defense, legal teams must have documents requested through a specific procedure. Requesting medical records begins with identifying the relevant documents for each case. A Legal Nurse Consultant can easily recognize which records directly use to the case and are disquisitional for review. And then, additional providers may exist identified during the review. Those records should be requested if they are pertinent to the case.

When the defence requests medical records, they may require a subpoena to receive the certified documents. Records such equally fetal heart monitoring, HIV testing, and photographs or video may crave a specific request.  The Legal Nurse Consultant likewise ensures the asking for medical records is HIPAA compliant.  For more than detailed information on how to asking medical records, read our web log post on obtaining medical records.

Organize the Medical Records

Upon receiving medical records, a Legal Nurse Consultant organizes the documents. And then they perform a preliminary analysis of record completeness. Knowledge of the medical record's typical contents based on facility type is key to determining what may be missing. From here, the record is bookmarked electronically by section and prepared for Bates stamping. Bates stamps, or Bates numbers, comment the documents by page number and are ordinarily preceded past letters that denote the provider or facility from which the records originated. Many programs will easily Bates postage records electronically, including Adobe Acrobat.

Organizing the medical records allows for early on identification of missing records and more efficient analysis by the nurse consultant. Consequently, records organization is a valuable do good to the litigation team every bit a whole. Organizing records enables the squad to identify litigation-critical information in the records more quickly.

Critically Clarify the Medical Records

Subsequently being organized, the medical records should exist reviewed related to the particular instance or filed complaint. A Legal Nurse Consultant'due south involvement in this phase is crucial in determining what information, amid the millions of data points in a medical tape, is relevant to the example. This analysis should focus on whatsoever known example issues and other areas of business concern appreciated past the nurse reviewer. Whatever required timelines or chronologies are completed concurrently with the records review. For further detailed information on specialty timelines, read Alicia Davis' article in the American Association of Legal Nurse Consultants Journal of Legal Nurse Consulting.

Although the reports should be thorough, many aspects of the medical record are immaterial and therefore, may not be included. Upon finishing the review, the timeline should be further edited for relevancy. Only information pertinent to the claim should exist noted in the reports.

Place Medical Experts and Help Legal Counsel in Retaining Qualified Experts

As a legal case proceeds, it may be necessary to identify what type of expert opinion will eternalize the case. A Legal Nurse Consultant can assist determine the specialty of skilful needed and detect the most qualified and experienced testifying skilful to opine on the case.

Requirements for experts vary from state to land. Some states require an expert to exist a licensed practitioner in that state, practicing in the surface area of stance at the fourth dimension of the declared alienation in the standard of care. The Legal Nurse Consultant must familiarize themselves with the requirements in each applicable state when searching for a qualified testifying skilful. In some states, the Legal Nurse Consultant performing the initial records review can testify as a "fact witness" based on their knowledge of the records. Nurses may also testify regarding costs and billing. Additionally, Certified Life Care Planner nurses can develop life intendance plans and prove to damages. For more information, meet the Med Law Advisory has weblog commodity on Identifying Medical Malpractice Proficient Witnesses.

Re-evaluate Medical Record Requests

Legal Nurse Consultants often receive partially fulfilled medical records requests. During the review process, the nurse consultant volition note all missing records, illegible records, and records that are suspicious.  The expertise of a nurse reviewer allows for quick identification of these issues. Total reviews may require secondary records requests.

How Med Police force Informational Partners Tin can Help

Obtaining and analyzing medical records for litigation purposes can be a complex process. Legal and take a chance management teams don't always have the fourth dimension, resources, and expertise to review clinical information and determine the merits of a medical case. With extensive knowledge of the health care industry and claims management expertise, Med Constabulary Advisory Partners' Legal Nurse Consultants aid our clients review medical records to identify the issues that truly affair and guide strategy towards a favorable outcome.

Would yous similar to hear more about how our legal nurse consultants can assistance you in the evaluation of your claims? Nosotros'd love to chat – attain out to schedule a chat.


Alicia Davis About Us PhotoFounded by Alicia Davis, RN, LNCC, Med Law Advisory Partners (and quondam ALN Consulting) provides resources and expertise in the areas of safe opioid prescribing, medical malpractice, and post-acute care litigation, including COVID-19 claims. Alicia and her squad have worked with regime entities, healthcare systems, insurers, and senior-living operators for nearly twenty years, helping mitigate risk and manage medical-legal and healthcare fraud claims.

Originally published July half dozen, 2017. Last reviewed Feb. 28, 2021.

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Source: https://medlawadvisory.com/review-medical-records/

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