To summarize first as to records the records have to be authenticated by offering evidence that they were prepared by agents of the medical facility in the ordinary course of business at or near the time of the relevant act condition or event contained in the records and that the mode of preparation indicate the records are trustworthy. Medical evidence in litigation by brian mccaffrey the need to obtain and correctly use medical records is not limited to the personal injury lawyer or the medical malpractice attorney recently one of my colleagues who is an estate lawyer successfully used medical records to prove that a transfer of real estate was invalid owing to the . Make an initial request for medical records from the claimants own medical sources and entities that maintains a medical sources evidence. Medical records as evidence is required reading for every lawyer handling medical malpractice and personal injury cases it is the definitive guide to. Most often this occurs in some form of lawsuit in which a party seeks to discover and introduce evidence from the record the custodian must determine whether to release the record what portions of the record should be released and whether the record is admissible as evidence medical record the legal process and electronic health
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