Discovery Considerations for Medical Malpractice Litigation in Texas
1h
Created on November 11, 2024
Intermediate
Overview
Conducting discovery in a medical malpractice case can be frustrating and obtuse, particularly for attorneys who do not regularly litigate against hospitals and/or healthcare providers. While the medical records are important, they are but one small piece of a larger multifaceted puzzle. Led by Chase Newsom of Brooker Law, participants will gain practical insights into obtaining and utilizing crucial evidence, from hospital documentation to electronic communications, while learning to navigate common discovery obstacles in medical malpractice litigation. This presentation aims to provide a broad overview of different types of documents that can, under certain circumstances, be helpful to plaintiffs in medical malpractice litigation in Texas.
Learning Objectives:
- Implement effective strategies for obtaining and analyzing comprehensive hospital documentation, including policies, procedures, personnel files, and EMR audit trails to build strong medical malpractice cases
- Evaluate electronic medical record systems, particularly EPIC, understanding how to request and interpret audit trails, warnings, and alerts that may be crucial to establishing liability
- Assess the impact of modern healthcare business structures, including physician-owned entities and private equity involvement, developing targeted discovery approaches to expose potential liability issues
- Apply best practices for securing and authenticating electronic evidence, including text messages, fetal monitoring strips, and other digital documentation critical to medical malpractice cases
- Develop comprehensive site inspection strategies to gather evidence about facility conditions, monitoring systems, and operational procedures that may support liability claims
Credits
Faculty
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