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

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $135 (Includes a downloadable audio version.)
Viewable Through: 5/31/2019

Information

A pre-recorded streaming video replay of the May 2016 live webcast, Obtaining and Using Medical Records: .


The key to success in your personal injury suit. If you can’t get the victim’s medical records into evidence, you’ll lose.

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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Schedule

Faculty

Lee R. Livingston, MichieHamlett / Charlottesville (Expand/Collapse Bio)

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 (Expand/Collapse Bio)

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.

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