Product Liability Medical Record Review – Key Points To Note

Product liability cases include those involving defective medical devices; contaminated medical devices; medical devices without adequate warnings or those marketed in a misleading way; pharmaceuticals that allegedly caused health issues/death; defective or tainted pharmaceuticals; drugs prescribed for “off-label” uses; and so on. These lawsuits require the collection and review of large-volume medical records which could run into tens of thousands of pages or even more. Such cases require a clear understanding of the medical facets of the allegations. While handling such cases, product liability medical record review services are valuable for lawyers representing both plaintiffs and defendants.

As these lawsuits are cases involving a large number of plaintiffs spread across many states, the volume of medical records to be collected and reviewed is also huge. The review team must be experienced, have the necessary expertise, and should be able to quickly perform the review. Experienced reviewers can ensure dedicated litigation support and valuable medical insight that are most essential for attorneys handling such cases.

The medical records that are usually required in such a case include the following:

• Admission notes
• Admission history and physicals
• Progress notes from the physician
• ER records
• Physician orders
• Surgery reports
• Lab reports
• Medication records
• Discharge summaries

Medical chart review is the foremost requirement when developing a product liability case, just as other personal injury cases. The medical evidence gathered from the medical records enables the plaintiff attorney to prove the defendant’s liability. Medical documentation including medical bills and medical notes are also vital to determine the compensation value in most cases.

The Medical Review Process in Product Liability

Medical Chart Review

• Medical records organization and bookmarking
• Evaluation of the severity of the injury and its effect on the plaintiff

Medical Case Summary and Chronology

• Preparation of medical case summary and chronology
• Abstraction of details – plaintiff’s demographic data, defective product ID, etc.

Information about Plaintiffs

• The review solutions provide details of the multiple plaintiffs involved
• Distinguish claims that require more extensive review

Plaintiff Fact Sheet and Other Evidence

• All relevant sources are identified and scrutinized
• Plaintiff fact sheets and other sources are comprehensively reviewed

Identification of Missing Documentation

• Errors and omissions with the medical records are identified

Challenges in Reviewing Records

For both plaintiff and defense attorneys, accurate review of medical records helps reveal the strengths and weaknesses of the case at an early stage itself, so that they can work on the appropriate case strategy. Reviewing medical records for product liability cases presents many challenges. The sheer volume and complexity of these records demand careful attention, requiring significant time and resources. Coordinating information from various healthcare providers can be challenging. Ensuring accuracy while respecting patient privacy under strict regulations adds another layer of complexity. Overcoming these challenges requires expertise in both legal and medical domains to conduct a thorough and precise medical record review.

Medical record reviewers create customized reports and collaborate with experts in specific medical specialties to provide timely, cost-effective, and comprehensive reports. The evidence required in a product liability case can be rather complex and hard to locate. This is why professional medical review services become useful for personal injury attorneys. Professional medical review teams comprise medically trained professionals such as legal nurse consultants and physicians who can study the medical precedents such as best medical practices, standard of care and so on, clearly research and understand aspects to prove or negate liability, and understand the actual extent of medical damages as well as the likelihood of causation.