
The Role of Legal Nurse Consultants in Medical Malpractice
The role of legal nurse consultants in medical malpractice cases, from records review to expert identification. From a 2015 Connect MLX seminar.
Representing Victims of Medical Malpractice Across Ontario
Documentation, the contemporaneous recording of a patient’s history, examination, decisions, and care, is both a clinical obligation and, in litigation, a central source of proof. The medical record is frequently the most important evidence of what happened, and the quality of documentation can determine whether a plaintiff or a defendant is able to establish their version of events.
Allegations involving documentation arise in two ways. Inadequate documentation may itself be characterized as a departure from the standard of care, where the absence of a record undermined the continuity or safety of care. Separately, missing, incomplete, late, or altered records can attract an adverse inference, under which a court may infer that the absent material would not have assisted the party that failed to keep or produce it. The standard for adequate documentation is a matter of expert evidence and reflects accepted professional practice.
Posts tagged Documentation analyze Ontario decisions in which the adequacy or integrity of the clinical record was in issue.

The role of legal nurse consultants in medical malpractice cases, from records review to expert identification. From a 2015 Connect MLX seminar.

Paul Cahill’s trial victory in Ayana v Skin Klinic, 2009, established the standard of care for laser hair removal performed in an Ontario dermatology clinic.
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