Paralegals & Medical Records: A Risky Combination?

Medical malpractice and personal injury attorneys know the value of having a skilled and knowledgeable team to build their cases. Paralegals play an integral role in the success of any legal team, but when it comes to medical record reviews, it is important to understand the risks associated with delegating this task to someone without medical training. While paralegals are wonderful to have and should be highly valued, they may not have the expertise required to review medical records accurately and thoroughly. In this blog post, we'll explore why attorneys should rely on qualified medical professionals to review medical records in medical malpractice and personal injury cases.

Here are some reasons why attorneys should not let their paralegals do their medical record reviews:

1: Lack of Medical Knowledge and Training:

Medical record review is a complex process that requires a deep understanding of medical terminology and the ability to analyze medical data. Paralegals are not trained in medicine, and they do not possess the necessary knowledge to understand medical records fully. Even if they have some medical knowledge, it may not be sufficient to interpret and analyze medical records accurately.

2: Risk of Errors:

Medical records contain crucial information that can significantly impact a case. If a paralegal is not trained to review medical records, there is a risk of errors in identifying critical information that can strengthen or weaken a case. Mistakes in the medical record review can lead to incorrect interpretations and conclusions, which can ultimately harm the case.

3: Violation of Ethics:

Attorneys have a duty to provide competent representation to their clients. This duty includes the responsibility to ensure that medical records are reviewed accurately and thoroughly. By delegating the task to a paralegal, an attorney may be violating ethical standards that require them to thoroughly review and analyze medical records.

4: Risk of Liability:

Medical malpractice and personal injury cases are complex and can involve large amounts of money. If a paralegal makes an error in reviewing medical records that leads to a loss or a suboptimal outcome for the client, the attorney, and the law firm could be held liable. This could result in a malpractice lawsuit, damage to the firm's reputation, and potential financial loss.

5: Inefficiency and Loss of Time:

While delegating the task of medical record review to a paralegal may seem like an efficient solution, it may actually result in inefficiency and loss of time. A paralegal may take longer to review medical records due to their lack of medical knowledge and training, and this can delay the case's progress. Additionally, if the attorney needs to review the medical records again, this can lead to further delays and inefficiencies.

In conclusion, while paralegals are valuable members of any legal team, it's essential to ensure that qualified medical professionals are involved in the medical record review process for medical malpractice and personal injury cases. Attorneys have a duty to provide competent representation to their clients, and this includes ensuring that medical records are reviewed accurately and thoroughly. To achieve this, attorneys can work with legal nurse consultants, who have the necessary medical knowledge and training to review medical records and provide valuable insights. By collaborating with legal nurse consultants, attorneys and paralegals can build strong cases that provide the best possible outcome for their clients.

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Wylie Stevens, BSN, RN, LNC
Frontline Legal Nurse Consulting
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