Medical records such as notes, test results, prescriptions and supporting healthcare documentation are key to win a medical malpractice case.

1. How Crucial is Medical
Records for Your Medical
Malpractice Case?
Medical records such as notes, test results, prescriptions
and supporting healthcare documentation are keys to win
a medical malpractice case.
MOS Medical Record Reviews
8596 E. 101st Street, Suite H
Tulsa, OK 74133

2. www.mosmedicalrecordreview.com 918-221-7791
If you have experienced any medical negligence from your healthcare provider, you may be
entitled to medical malpractice recovery. A qualified medical malpractice attorney can help you
receive better compensation for your injuries. For any injured patient seeking legal advice
about filing a medical malpractice lawsuit, the first and crucial step an attorney will take is to
review the medical records for any specific acts of negligence. Medical review solutions help
such lawyers to retrieve and organize medical records that strongly support the claim. It may
also happen that after a thorough review of your records, an attorney will advise you not to file
a case, as the injuries occurred may not be related to malpractice.
Common medical malpractices include failure to diagnose or misdiagnosis, misreading or
ignoring laboratory results, unnecessary surgery, surgical errors, improper medication or
dosage, poor follow-up, not taking appropriate patient history, failure to order proper testing
and more. A new study conducted by researchers at Johns Hopkins University School of
Medicine finds that about 34% of medical malpractice claims over a 10-year period were mainly
caused by diagnostic errors.
How to obtain medical records for your attorney
As soon as you suspect a malpractice, you should request a copy of your records to submit
claims or to file a case. Submitting a copy of your records to your attorney as soon as possible
will enable them to analyze the case in-depth. This also provides enough time for them to ask
for medical opinions from doctors or other medical professionals who may serve as expert
witnesses in your case.
Send request to your hospital
Most hospitals follow their own processes for making requests for records. This can mean
having to send letters or fill out request forms. If you are working with an attorney, the care
center will likely have its own process for you to authorize the release of your records to your
attorney.
Consider requesting these records prior to filing a medical malpractice claim so that your
healthcare provider does not attempt to change your information, which may mislead the case.
Key medical records you should ask for include, but are not limited to –
• Discharge reports
• Surgical records
• Initial diagnoses
• Doctor prescriptions
• Medical history
• Lab test results

3. www.mosmedicalrecordreview.com 918-221-7791
Subpoena medical records
Now those medical records are essential to the progress of your case. If there is a delay in
getting them from hospitals, you can subpoena those records. Subpoena refers to an official
court document that the lawyer sends the physician to produce requested essential documents
for one of their patients. Based on HIPAA guidelines, it has been recommended that if a medical
practitioner receives a subpoena to produce the patient’s medical record; this patient should be
informed promptly of the disclosure, even if patient consent is not required when producing
medical records under a subpoena.
If the provider is releasing a patient’s medical record that includes any sort of sensitive
information such as one that impact the patient’s mental health, they may request the court to
limit access to those records and can suggest the Court to consider how, when and to whom
the information is provided.
Try to preserve those records you get, while you are admitted in the hospital. These records can
streamline the process of making a claim when you find any evidence of medical malpractice.
Store those records digitally, if you are able to retain them.
Other evidences
Medical negligence can be difficult to prove, if there is no clear evidence to show it. Although
medical records are crucial to your medical malpractice case, you may also require other types
of evidence that can be helpful such as - names of healthcare professionals you interacted with
during your medical treatment - doctors, nurses, hospital administrators, and lab technicians,
dates of hospital stay, appointments and treatments as well as statements of witnesses.
Also remember malpractice lawsuits must be filed within the specified period of time or the
court will dismiss the case regardless of the facts. Medical record retrieval companies can help
lawyers to review all the medical records they require to strengthen the case.