Most professionals who are defendants in a lawsuit will soon learn that the success of their litigation could rise and fall on the quality of their record keeping. The differences of opinion will turn on what was intended by the notations in the professional records versus what the notations actually reflected. At trial or even before a professional licensing board, a legal defense team may have difficulty convincing a jury that just because an action was not recorded, the action still occurred.
For health care providers, medical records of patients’ care will become the subject of heightened scrutiny in a trial for health care provider liability. One medical expert testified during a recent trial that physicians keep medical records so that other providers can track a patient’s care, but that the records were not kept for the purposes of satisfying lawyers at trial. Despite the truth in his statement, good record keeping will not only improve accountability on the job, but it may help win a trial. Further, while poor record keeping is a common accusation against medical professionals, other professionals like accountants are just as accountable for their record-keeping practices.
No matter what the profession is or whether records are paper, electronic, handwritten, clinical notes, emails or letters, the most common record-keeping mistakes outlined below, if avoided, could make the difference at a trial for professional liability.
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