Case Evaluation and Medical Evidence Analysis in Product Liability Litigation

Case Evaluation and Medical Evidence Analysis in Product Liability Litigation

MOS Medical Record Reviews

Product liability law protects consumers against defective products that cause them injury or death. As per the law, consumers have the right to expect a warning so that they are aware of the risks. The injury or harm caused is established through a detailed medical record review that provides a clear picture of the extent of harm. Product liability cases may include those related to the following among others: 

Machinery and tools

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Defective consumer products

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Toys/cribs for children

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Heavy equipment

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Design defects in automobiles involving brakes, seatbelts, air bags and so on

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Defective medical equipment

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Exposure to toxic substances

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Dangerous chemicals

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Over-the-counter/prescription drugs

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Equipment for recreation

Product liability insurance protects businesses from the claims associated with the manufacture or sale of medicines, products, food and other goods to consumers.

Businesses obtain this insurance as coverage for their liability for losses/injuries incurred by the buyer, bystander or user, which are caused by some malfunction/defect of the product, defective design or even a failure to warn. Attorneys representing insurance

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companies, the businesses concerned and plaintiffs have to deal with and carefully evaluate the medical records related to the injury.

Reviewing the Medical Evidence Available

A preliminary review of the available medical evidence is vital to understand the nuances of the case. In this challenging medical review process, attorneys are often assisted by expert medical review services. Obtaining all the medical records involved is a time- and labor-intensive process, which can be made easier with medical record retrieval services. Evaluating the medical evidence involves the following: 

Comprehensive assessment of the healthcare information



Interpreting

and

analyzing

documentation

for

the

medical

product,

pharmaceutical or toxic exposure-associated concerns 

Understanding complex medical data that may include abbreviations and jargon



Reviewing previous medical records for earlier injuries, illnesses or other tendency for injury.



Highlighting important facts such as type of injury, site of injury, size/shape of injury, any remarkable features, discolorations and so on



Identifying missing medical records, erratic entries, omissions and tampering



Identifying conflicting statements/information in the medical documentation

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800-670-2809

It is evident therefore that the medical review process demands specialized expertise, critical thinking skills, and knowledge regarding medical facts, medical terminology and jargon on the part of the reviewer, which a legal professional may not have. Professional medical reviewers offer services such as the following based on the particular requirements of their client lawyer, and the complexity of the case. 

Analysis of medical issues



Preparation of chronologies and timelines



Pinpointing deviations in standard of care

Medical Record Analysis for Plaintiff and Defense Lawyers

Since great effort goes into the medical record evaluation process, it becomes easier for lawyers to determine whether or not the allegations raised are supported by the medical documentation available.

Lawyers representing plaintiffs investigate whether the product was defective on account of a design flaw. They would be looking for evidence including photographs of the injury and other signs of damages, and medical records. They will also have to prove that the concerned product was defective owing to a design defect, manufacturing error or other danger and caused the injury. The product liability attorney has a strong case if it is evident that the product was being used as intended and its defect was directly responsible for the injury.

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The defense attorney would focus on whether the defective product was solely responsible for the injury or harm caused, or whether there were other pre-incident factors that could have been responsible.

In either case, medical review services would prove useful during the pre-litigation and litigation stages. The complex medical data would be organized, indexed and presented in easy-to-understand summary formats that will help in decision making. The review team would work closely with the legal professionals to ensure all support they can provide according to specific case requirements.

www.mosmedicalrecordreview.com

800-670-2809