Obtaining and Using Medical Records: The Key to Success in Your Personal Injury Suit

MCLE Credits: 2.0
Ethics Credits Included: 0.0

Tuesday, May 17, 12:00 p.m. - 2:00 p.m. ET

Tuesday, June 7, 12:00 p.m. - 2:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fee: $145

Information

Why Attend?

If you can’t get the victim’s medical records into evidence, you’ll lose!

  • Understand the intricacies of introducing medical records
  • Identify the possible objections to medical records, and how to counter the objections
  • Learn how to deal with electronic medical records

At the heart of most personal injury or medical malpractice suits is the issue of the plaintiff’s medical condition; the diagnoses and treatment provided subsequent to the incident are often critical to the outcome of the case. The materials contained in medical records can be your best evidence, but how do you get material from those records into trial? How do you keep it out? How can you present it in a coherent form to the jury? And how do you deal with the advent of electronic medical records?

These and many other tough issues will be addressed by our speakers. In particular, they will provide you with practical advice on the following topics:

  • Obtaining out-of-state records: Should the plaintiff consent to a release?
  • Navigating the troubled waters of Wynn v. Commonwealth: Exclusion of hearsay in medical records in the direct testimony of an expert
  • Opinions in medical records: The impact of Neeley v. Johnson
  • Problems in electronic medical records
    • Authentication
    • Format
    • Electronic database audit trails
  • Medical records and objections to exhibit list—How important are they?
  • Demonstrative and illustrative medical exhibits—How to lay a foundation and how to challenge them; when and how to disclose them
  • Fees for medical records—Va. Code § 8.01-413
  • Hearsay within hearsay—Is a stipulation to authenticity enough?
  • Getting around the high costs for printed electronic records

And they will answer any of your questions, too!

 

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Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


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Schedule

COURSE SCHEDULE (May 17)

12:00 Obtaining and Using Medical Records: The Key to Success in Your Personal Injury Suit
1:45 Question-and-Answer Session
2:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 11:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (June 7)

12:00 Obtaining and Using Medical Records: The Key to Success in Your Personal Injury Suit
1:45 Question-and-Answer Session
2:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

ABOUT THE SPEAKERS


R. Lee Livingston,
MichieHamlett / Charlottesville

Lee Livingston practices civil litigation, personal injury law, medical malpractice, and defamation law.  A member of the Virginia Trial Lawyers Association Board of Governors since 1999, Mr. Livingston presently serves on the VTLA Executive Council as a vice president.  He is former chair of the Virginia State Bar Litigation Section Board of Governors and the Virginia State Bar Mandatory Continuing Legal Education Board.  He teaches Trial Advocacy and Trial Evidence at the University of Virginia School of Law.  He is co-author of Evidence for the Trial Lawyer, a Matthew-Bender (Lexis) publication. He has served on the Virginia Supreme Court’s Appellate Rules Advisory Committee and Electronic Filing Study Committee, and the Virginia Model Jury Instructions Committee.  He is a member of the Boyd-Graves Conference and its evidence committee.  Mr. Livingston is listed in Best Lawyers in America and was named Lawyer of the Year—2012, Medical Malpractice, Charlottesville, Virginia.  He is "AV-preeminent" rated by Martindale Hubbell and he has been honored for selection by Richmond magazine as a Virginia "Super Lawyer." Mr. Livingston has often participated as a speaker for continuing legal education programs, and has published articles in his fields of specialty.

Marc A. Peritz, Morin & Barkley LLP / Charlottesville

Marc Peritz maintains a varied practice in several areas of civil litigation, devoting a substantial portion of his practice to insurance coverage litigation and counseling, trucking litigation, medical malpractice defense, insurance defense litigation, and other types of complex litigation and commercial matters. He has practiced extensively in many state and federal courts throughout Virginia and has also been involved in litigation in several other jurisdictions around the country.  Mr. Peritz is a member of the Trucking Industry Defense Association (TIDA) and Virginia Association of Defense Attorneys, and is the current president of the Thomas Jefferson American Inn of Court.

Locations, Dates and Fees

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    Charlottesville, VA 22901

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