In Seven Costly Mistakes Attorneys Make With Medical Negligence Cases, Dr. Burton Bentley of Elite Medical Experts LLC writes:
Although the rate of negligence claims against medical providers has begun to level off, the cost of litigating these actions has risen dramatically. Vast amounts of time and money are lost when attorneys – whether retained by plaintiff or defense – pursue a non-meritorious case or litigate a worthy case inefficiently. Beware of the following costly errors:
MISTAKE #6: INCOMPLETELY ANALYZING EVERY REFERENCE ARTICLE CITED BY THE OPPOSING EXPERT.
Both expert witnesses and litigators frequently misquote the very literature that they cite. Subtleties in phrasing and statistical analysis may lead to widely disparate interpretations of the same article. Valuable strategic opportunities are missed when these errors go unchallenged. Crucial advantages are gained when an experienced expert carefully reviews all citations with respect to the case.
MISTAKE #7: FAILING TO RECOGNIZE RECORDS PRODUCED BY AUTOMATED TRANSCRIPTION SYSTEMS.
The use of automated medical transcription systems is clearly on the rise. These systems utilize a transcription program to convert a physician’s spoken report into a typed medical record. Despite their convenience, the reports generated by these systems may not accurately reflect the clinical encounter. This occurs when the physician employs a “template” – a set of standardized default statements that are entered into the medical record. Although the record appears complete, close scrutiny may reveal statements that are inaccurate or inapplicable. For example, when a physician dictates, “Normal exam,” the computer may insert an entire series of statements such as, “The chest finds the lungs to be clear and the cardiac tones are regular without murmur. The abdomen is soft, active, and benign.” In other words, simply by saying, “Normal exam,” a seemingly complete report can be created. The problem arises when these default statements are factually inaccurate, inapplicable, or implausible. Once this occurs, plaintiffs may be confounded by a chart that appears to be bulletproof while defendants may worry that their gratuitous documentation will damage their credibility. An experienced and objective expert will be familiar with these systems and will work with counsel to highlight both strengths and weaknesses.
Elite Medical Experts, LLC., specializes in securing leading experts from the nation’s top universities.