Understand the role of medical evidence in the context of personal injury litigation and how to integrate them into your case.
Effective use of medical records can make or break a personal injury or product liability lawsuit. This topic will provide key insights into the legal and practical issues and processes related to the use of medical records in personal injury and products liability suits. The material will also explain the best methods for obtaining, organizing, and using medical records in discovery, at depositions and at trial.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
How to Properly Obtain Medical Records
- HIPAA Compliance and Proper Authorizations
- Hitech Act and Vendors
- Subpoenas; Court Orders
Review and Organization of Medical Records
- Organizing Hospital and Doctor Records
- Bates Stamping; Software Programs
- Staff and Expert and Vendor Review
Electronic Medical Records (EMR)
- Case Law Update: Discovery of EMR; Access to EMR System
- Audit Trails
- Emails and 'Patient Portal Records'
Medical Records and Rule 26 Reports/Disclosures
- Send/Review All Records to Expert
- Page-Citations in Expert Reports
- Draft Reports
Medical Records in Depositions and at Trial
- Foundations for Use and Admissibility
- Stipulations, Authenticity, Reasonableness and Necessity of Treatment, Care and Expenses
- Proving Damages; Basis for Expert Opinion; Hearsay Issues; Exhibits and Juror Notebooks
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 29, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David Randolph Smith
David Randolph Smith & Associates
- Partner in the office of David Randolph Smith & Associates
- Trial attorney for 44 years and was a professor of law at Vanderbilt Law School (1983 to1988), teaching torts, evidence, and professional responsibility
- Recognized by his peers as one of the best lawyers in America in personal injury litigation and as one of the best lawyers in Tennessee
- Member of the Plaintiffs’ Steering Committee (and Expert Committee) in the Allergan Biocell Breast Implant MDL
- J.D. degree, with honors, Order of the Coif, the University of Texas at Austin; B.A. degree, cum laude, Harvard University
- Can be contacted at 615-742-1775 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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