Introduction
The review of medical records can make the difference between winning and losing a premises liability case. These cases can be difficult for lawyers to wrap their head around and even more so to navigate. This article discusses how medical records review services can help lawyers more efficiently build premises liability cases by highlighting common shortcomings and actionable strategies to overcome them.
Understanding Premises Liability Case
What is Premises Liability?
• Definition: Under premises liability, the property owner has the legal obligation to take reasonable care in ensuring their property is safe for patrons.
• Frequent occurrences: Slip and fall injury incidents, inadequately protected properties, dog-related attacks.
Key Elements of A Premises Liability Case
• Duty of Care: Property owners are required to keep the property hazard-free.
• Breach of Duty: Not redressing a hazard.
• Causation: The connection between breach and the injury inflicted.
• Damages: Gaps suffered by the victim in terms of pain and other loss.
The Importance of Medical Records Review
Why Medical Records Matter
• Evidence of an Injury: Medical history documents show proof of body injury.
• Treatment History: They outline the treatment received and confirm injuries were inflicted.
• Expert Testimony: Specialized insights can be offered alongside the records by physicians.
Oversights When Reviewing Medical Records
• Incomplete Documentation: Not collecting all relevant medical records.
• Failure to Consider Previous Injuries: Ignoring the influence of past injuries.
• Absence of Specialized Medical Review: Absence of medical specialists to analyze the records.
How Medical Records Review Services Help Attorneys
Complete Collection of Records
• Comprehensive collection: Making sure all relevant medical records are obtained from various providers.
• Fast Access: Quick access to records to meet case deadlines.
In-Depth Evaluation and Reporting
• Medical professionals analyze records and determine pertinent details for the case.
• Report Summaries: Precise reports summarizing significant details pertaining to the case.
Formulation of Enhanced Case Strategy
• Medical history analysis for gaps in the case formulation.
• Medical proof to bolster claims made.
Current Issues in Premises Liability Case Statistics (2024)
Latest Information Pertaining to Liability on Premises:
• Heightened Awareness: Increased awareness has led to a spike in premises liability claims.
• Average Settlements: Settled claims are now 15% higher than this time last year.
Technical Contribution to Medical Record Examination
• Changeover to electronic health records has improved the efficiency of reviewing documents.
• Using data analysis to investigate claims and draw patterns from injuries.
Case Studies
Case Study 1: Slip and Fall Accident
Overview of the Case: A client fractured her wrist after slipping on a wet floor in a grocery store.
Challenges: The store maintained that they had placed caution signs on the aisle.
Solutions: The medical records were obtained to determine the level of injury and treatment needed.
Case Study 2: Insufficient Security
Overview of the Case: A client was the victim of an assault in a dimly lit parking lot.
Challenges: The property owner put forward a defensive argument claiming the responsibility belonged to the victim.
Solutions: Medical records supplied proof of the severity of the injuries, while other expert reports focused on the security insufficiencies.
Conclusion
The review of medical records is an important strategy to strengthen defensible premises liability cases. With the multidisciplinary approach, each case stands the chance of considerable success. It clearly indicates that absence of proper documentation and expert review can prove detrimental for attorneys. Medical record review services do more than ease the work; they offer vital information, analysis, and insights that could sway a case.
Should you sustain injuries from an unsafe condition on someone’s property, you need the best legal representation for your premises liability case. Contact us today and schedule a free consultation with our lawyers so that together, we can analyze your medical records, create a compelling case, and obtain the compensation that is rightfully yours.
Reach out today to initiate the journey toward justice!
