The importance of records in medical negligence claims

Australian nurses and doctors are some of the best in the world, but sometimes they make mistakes.

When the unthinkable happens and you are forced to file a negligence claim, how you keep records will be extremely important to winning the case.

When the unthinkable happens...

When the unthinkable happens…

 

In most medical negligence cases, medical records play a massive part in being able to establish (during the investigation stage) whether you have a strong case or not.

Most cases rely on the careful analysis of the claimant patient’s medical records to determine the eventual failure or success of the case. Without a complete understanding of your records, there is a very real danger that the case will not be properly recognised or let alone succeed.

Here are two things to remember:

Ensure the medical records are a full set.

Often records are frequently missing and from hospitals in particular.  In most cases, especially the more complex ones, documents are missing. We recommend you press for the entire set and pressure the hospital to look for missing files. It can be surprising how records eventually turn up when pushed for them.

Press for additional records.

Another class of documents that can assist with a negligence case is internal inquiry/complaints documents. Although not strictly speaking medical documents, these often contain internal witness statements and reports. These type of documents often hold absolutely vital information for the investigation of a potential claim.

Remember, the content of your medical records is fundamental to the success of your potential negligence case.  Hold onto everything and don’t be afraid to put the pressure on.

It’s the key to claim success.

 

 

 

 

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