PA 330 – Medical Records – Unit 8

The Use OfMedical

Consultants

This Week's Seminar Agenda

Administrative Housekeeping

Overview of Unit 8: The Use of Medical Consultants

Review of Unit 7: Summarizing Med Records

Comprehensive Discussion of Unit 8

Preview of Unit 8:

Overview of Unit #8This unit will discuss the role of the medical consultant in evaluating the medical record, as well as certain evidentiary requirements for use of a consult. We will also explore issues regarding evidentiary requirements for using expert witnesses at trial, examine national and local rules related to experts and their reports, and locate experts in your state.

The consultant's role is rather broad and aids the attorney throughout the legal process. Through the textbook readings, we discuss the role of the medical consultant as well the role of the expert witness. The scope of the expert witness is less broad than the consultant's. The expert witness generally only provides testimony within his or her specific field of expertise. The Federal Rules of Evidence and each state address the issue of who may be considered an expert witness before the person's testimony is admissible in court. During this Unit, you will draft Short Paper #4, which is a demand letter used during the settlement process.

This week's graded events: Short Paper #4, Discussion, Seminar

Review of Unit 7This Unit discussed the importance of summaries for medical records and expenses and various methods for creating medical summaries. We also explored techniques for interpreting illegible records. In addition, medical research was be addressed and explored. During this Unit, you prepared Short Paper #3, the long-form summary.

Medical record summaries are the key element of the paralegal’s process of organizing the information in a clean, concise manner. The medical summary should include some basic details, including a subjective description of the incident, subjective description of the client's current condition, the medical provider's visual assessment, the client's medical history, a list of the client's current medical complaints, a physical examination report, a statement of the provider's diagnostic conclusion, the client's treatment plan, and a statement of the provider's prognosis for the client.

Last week's graded events: Short Paper #3, Discussion, Seminar

Unit 8: The Use Of Medical Experts

Chapter 9 of our text is our central reading for Unit 8, discussed on the following several slides.

There are three additional on-line readings linked to from the home page for Unit 8:

1. Independent Medical Evaluations, Inc.;

2. American Association of Legal Nurse Consultants;

3. The practice of forensic medicine – opportunity with strings attached.

Unit 8: The Use Of Medical Experts

Chapter 9, part 1:

The Need for Expert / Consultant Services

Role of Consultant / Role of Expert

Basis for Expert Testimony: F.R.E. 702, 703, & 705

Evaluating the Admissibility of Scientific Evidence: the Daubert and post-Daubert criterion.

Common Knowledge Doctrine

Unit 8: The Use Of Medical Experts

Chapter 9, part 2:

Production of Expert Reports

Consultant or Expert?

Role of Economists and Actuaries

Evaluating Injuries and Causes

Product Liability – Toxic Exposure – Workers' Comp – P.I. - Med Mal – Negligence – Consent Issues – Abandonment – Breach of Confidentiality – Scope of Liability – Liability Issues - Defenses

Unit 8: The Use Of Medical Experts

Chapter 9, part 3:

Future Problems Resulting from the Incident

Physical and Mental Examinations

Medical Standards of Care – Internal and External

Health Plan Standards – Health Plan Litigation

Health Care Delivery Organizations Standards

Medical and Dental Specialists – Locating Consultants / Experts

Unit 8: Short Paper #4In Unit 7, you outlined the pain and suffering points for a demand letter. Now refer to those points as well as any points posted by other classmates to compose a demand letter to one of the possible defendants.

Demand letters normally begin with you identifying the party whom you represent, a description of the accident and how the party you represent was injured, a discussion of the injuries sustained and treatment received (with an emphasis on the pain and suffering your client has gone through), and a discussion of the medical and other expenses incurred. Usually, a demand amount is given and often there is a time frame during which to accept the offer.

Your demand letter should include a title page. The body of the paper should be two to three double-spaced pages in length.

80 points are at stake.

Unit 8: Discussion BoardsThis week: two discussion threads. The first one, Your Local Rules, asks:

Post the name of your state, the rule citation, and what you discovered about your state’s requirements for an expert witness in a medical malpractice case.

Review your classmates' local rules. Are any of them vastly different than your state's rules? Did any surprise you? Post your thoughts and comments.

The second discussion is about Dr. Howard, who prepared an independent evaluation of the plaintiff. His report can be found at the end of the case scenario posted in Unit 1.

What type of credentials should Dr. Howard have in order to properly evaluate the decisions made by the doctors in this case, and what are the topics that he is qualified to comment on in his report?

Is there any type of information missing from his report that should have been included? Do you think that Dr. Howard would make a good expert witness in this case? Why or why not.

Preview of Unit #9In this unit, we will discuss the concept of hearsay and how it relates to the introduction of medical records into evidence at trial. We will also explore various types of demonstrative evidence -- what types are available and how these assist the trier of fact in a greater understanding of the issues involved in a case. Finally, this Unit will cover the admissibility issues surrounding duplicated medical records. You will prepare your Final Project during this Unit, which will be a legal memorandum to a supervising attorney.

In this unit, we discuss how the Trial Book and the Evidence Book are tools attorneys use when preparing for trial. This week’s textbook reading includes a brief description of each section that the books might contain. One of the most important points of this chapter is that the medical record is considered hearsay. It must be shown that the medical record falls under one of the exceptions to the hearsay rule before the record will be admissible in court. Also, state requirements must be met before a duplicate of the medical record is considered admissible.

This week's graded events: Final Exam, Project, Discussion, Seminar

This Week's To-Do List

Seminar – or Alternate Assignment

Discussion Board

Reading: Chapter 9 plus additional on-line items.

Short Paper #4 – Demand Letter

Good Evening!

We are down to our final Seminar next week!

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Next Up – Unit 9:Using Med Records at

Trial