May 6, 2021
On April 20, 2021, esteemed trial lawyer Anthony Tagliagambe presented to the Partners and Associates of London Fischer on the analysis of medical records and its application to developing damages defenses and cross examination of medical doctors at trial. This presentation, which is part of London Fischer’s ongoing training and mentoring program, identified twelve distinct aspects of records analysis integral to the defense of personal injury actions. In this regard, the medical records and reports should contain a detailed and accurate history of the accident as given by the patient, an analysis of the accident mechanics, a detailed review and analysis of plaintiff’s medical history and records, (including pre-incident), diagnostic tests and consultations with other physicians who have treated the patient. Mr. Tagliagambe further explained the importance of a physician’s plan of treatment and activity restrictions, and the evolution or progress of plaintiff’s recovery over the course of the treatment. Moreover, the medical records should indicate whether surgery is recommended, with a stated purpose and goal, provide other recommendations for future care, contain a diagnosis and a prognosis for return to work or other activities. Finally, Mr. Tagliagambe instructed the attorneys to pay particular attention to patient intake forms or checklists contained in a medical chart, which may contain statements or admissions of the patient helpful to the defense of their claims. In conclusion, the application of the principals and methods outlined by Mr. Tagliagambe provided valuable insight in identifying deficiencies in a medical expert opinion, by demonstrating to a jury that the physician’s opinions are not are based upon a full, fair, thorough and complete examination of their patient.
