Review of medical documentation – an important first step in product liability cases

Review of Medical Documentation – an Important First Step in Product Liability Cases A detailed evaluation of the concerned patient’s medical records shows the extent of injury caused by defective medical devices.

Medical Record Review

Medical devices and pharmaceutical drugs are mostly beneficial and work to improve the quality of our lives. However, sometimes these turn rogue and cause harm as well in which case they occupy centre stage in product liability and personal injury cases for being unreasonably dangerous or defective. A detailed evaluation of the concerned patient’s medical records shows the extent of injury caused by devices such as intrauterine devices, hip replacement parts, heart valve implants, pacemakers, and silicone gel breast implants among others.

Take the case of a leading hip implant manufacturer facing around 400 product liability lawsuits. This manufacturer goes to trial in two separate cases this month, with the first federal court suit starting on Wednesday. This company is one of several manufacturers that recalled metal-on-metal hip implants after the FDA started questioning the safety of the devices following reports of them causing bone and tissue damage that could lead to pain and replacement surgeries. Before they withdrew the device from the U.S. market in the year 2008, the device had already been implanted in about 13, 000 patients. Though they have settled some of the cases, this manufacturer still faces hundreds of lawsuits.

What the Case Involves Let us look at what such a case involves. Hip implants are meant to replace the ball and socket joint of the hip, and typically consist of an artificial ball that fits inside of a cup. Both the ball and cup are made of metal (usually a combination of chromium and cobalt). Though more durable, metal hip implants are seen to lead to serious health complications. A serious concern is that of metallic debris being released into the body as a result of the friction between the metal components. This causes severe pain, swelling and sometimes blood poisoning.

A lawyer handling such a product liability or personal injury lawsuit will have to prove that the implant had a defective design or manufacturing defect. To prove injury, the medical records of the patient before and after the hip replacement will have to be reviewed and the relevant evidence mined from them. Patients allege that the failed metal implants released poisonous materials into their body. Some even had to undergo revision surgery to replace the faulty implants. Medical documents required would include blood test reports, diagnostic reports,

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imaging studies and reports, and surgery reports among others. Comprehensive analysis and summarization of medical facts becomes necessary when it comes to preparing the case, and the lawyer/attorney will find expert medical review services highly supportive in this regard.

Determining the Soundness of the Case While the manufacturer is usually held liable for injuries caused by metal on metal hip replacements, sometimes the surgeon who performed the procedure may also be held responsible. In such an instance it involves a medical malpractice case. If the surgeon makes a mistake while implanting a metal hip, fails to inform the patient about the risks involved in such a procedure or misdiagnoses a patient, it amounts to malpractice. In any case, attorneys and lawyers can help injured patients determine if they have a valid case. In this process, the first step is of course a close analysis of the medical records involved.

www.mosmedicalrecordreview.com

1-800-670-2809