I have a client that suffered massive head trauma.
1. OBTAIN MEDICAL RECORDS - This part is easy. Obtain Medical Records in electronic format (I have form letter). I need the paralegal to send letters under my name requesting additional medical records - IMMEDIATELY. I will provide the form letter and the medical providers. REQUIREMENTS:
1.1. The paralegal needs to make sure it is sent to the correct person
1.2. To the correct address;
1.3. Follow up every 48 hours and make SURE the medical provider does not attempt to send paper records - because under the law, we do not have to pay for paper records.
2. SUMARIZE MEDICAL RECORDS – IMMEDIATE NEED
2.1. I need the existing medical records reviewed and summarized immediately:
2.1.1. SUMMARIZE ALL INJURIES - past, present and future;
2.1.2. SUMMARIZE TREATMENT
2.1.3. FIND AND SUMMARIZE RECOMMENDATIONS AND DETERMINE IF FOLLOWED UP UPON. If possible, find in medical records future treatment recommendations and see if they were followed up upon.
3. LOOK FOR SPECIFIC ISSUES SUSPECTED MEDICAL MALPRACTICE -
3.1. SHUNT MALPRACTICE? - Provide Summary, and reference on Shunt Treatment and Protocol - Look and pull all material related to shunt treatment and protocol and whether such was followed.
3.2. PATIENT FALLS - Look for and pull all records of patient falls during in facility stays, and any injury including shunt issues.
3.3. DELAY IN TREATMENT – Look at Doctors records regarding visits, communication with family and whether doctor failed to follow up. Interview witnesses
4. DELAY CAUSED BY EMERGENCY ROOM FAILURE TO CONVEY RECORDS FROM FIRST HOSPITAL ER TO SECOND HOSPITAL ER
4.1. TIMELINE - Timeline and determine whether medical tests were duplicated at the ER from the two hospitals the patient was seen at on the day of the injury
4.1.1. He was sent from one hospital to another because the first hospital did not have a neurosurgeon available so hours after he arrived at the first hospital, he was transferred to a second hospital for emergency surgery).
4.1.2. SUMMARIZE records of the battery of pre-surgery tests done in 2 different Hospital Emergency Rooms to see if there was an overlap. The test results from the first hospital may not have been properly transferred from initial ER to the second hospital ER. There may be a delay in treatment issue.
5. ECONOMIC DAMAGES –
5.1. Review Medical Bills and Spreadsheet for all economic losses. I have a preliminary spreadsheet.
5.2. Obtain Medical EOBs and Bills from two different insurers.
6. SUBROGATION - An understanding of subrogation claims and fighting them would be helpful and be a bonus, but it is not critical to whom I select.
KNOWLEDGE OF FLORIDA AND GEORGIA LAW A PLUS.