Have you requested a copy of your medical records? Odds are you have not, because you have not needed them for litigation. As representatives of folks injured through medical negligence, we rely on medical records to prove our cases. We also often use them to rebut Defendants’ defenses that the patient’s medical history (so-called pre-existing conditions) are contributing to our client’s complaints. The truth is, they are common, and errors in medical records can be problematic – and deadly.

One reality we face is that – when it works in their favor – Defendants work hard to convince the jury that the medical records are accurate. And jurors frequently believe them to be. When in fact, as many as 20% of medical records contain errors, and of those, 40% are considered serious errors.

Electronic medical records have been a boon and a curse. In theory, providers can visit with a patient and update the chart simultaneously or shortly after the visit. And the entire patient’s medical history should, also in theory, be readily available. The truth is far more complicated.

As a result, errors are commonplace. And we often have to overcome these errors in order to prevail in our clients’ cases. Easily once a week I have a potential client reporting that “the records said A, but the truth is that B.” Many of these errors will be impossible to prove, some may be overcome. These errors can range from errors in transcription (like she/he substitutions) to omissions of medications or procedures. Sometimes providers’ subjective impression comes out in the records as judgment (“A couple of drinks” turns into “binge drinker”). And once it is in the record, it is hard to remove.

The thing is, sometimes these errors can lead to prescriptions made that should be contraindicated, leading to terrible outcomes. Prescriptions may be mistakenly deleted, or continued for far longer than necessary. Patient complaints may be erroneously auto-populated as normal, when they are anything but. Patient conditions, sometimes very important ones, may be mistakenly removed (or non-existent ones added), confounding future complaints.

Each of these scenarios can lead to serious injuries, and phone calls to our office.