In some malpractice cases, the medical records themselves conclusively establish the deviation from a standard of care. That is why it is vital to understand precisely what is (and what is not) contained in the records.
In December 2020, a Connecticut OB-GYN practice settled a malpractice case for $2 Million after a couple claimed that genetic testing they had ordered for the wife while pregnant with her first child was never performed. The mother requested full genetic testing for herself, and during the early pregnancy, she was told her blood work was normal, so she assumed all the relevant tests were conducted, and there were no issues. Her first baby was born healthy.
During the mother’s second pregnancy, she experienced complications, and her daughter was born prematurely. The newborn screening found that the daughter had cystic fibrosis, which is a hereditary disease. The parents contacted the OB-GYN and asked how their daughter could have cystic fibrosis when the mother’s testing for the disease came back negative. The doctor consulted the records and found that the practice never ordered the tests.
The experts retained on behalf of the mother submitted reports stating that it was apparent that the genetic testing was not conducted from their review of the medical records, which deviated from the standard of care. The records reflected that the provider believed the testing was requested, and apparently, the request may not have been correctly input into the EHR system.
The mother’s attorney opined in an interview with a newspaper (a link is below) that she believed that the OB-GYN practice’s EHR system was relatively new, and the fact that the genetic tests were never ordered may have been overlooked due to software issues.
This case shows that a close review of medical records in a malpractice case may locate one fact that decisively, or even conclusively, shows a deviation from the standard of care.
A copy of the Complaint which includes copies of the experts’ reports as exhibits can be downloaded here: AMENDED COMPLAINT
A link to an article in The Day about the case is: https://www.theday.com/article/20201225/NWS04/201229649
At AcroDocz, we review and summarize medical records and present the relevant facts in an easy to read report, which includes hyperlinks to the documents. For a sample report, please reach out to us.
