Anytime that a patient or family of a patient comes to you with a potential medical malpractice case, the first thing you have to do is collect the pertinent records. We contact the hospitals and other providers, and the hospitals and nursing homes and other facilities provide us what they call the patient chart and it is that patient chart that we are confined to in assessing what happened.
Prior to my Riverside vs. Johnson decision in Supreme Court, most cases you only could get access to the patient chart. A small number of Circuit Court judges, lower court judges, had allowed access to the separate hospital incident reports that contained additional and sometimes outright different information, but none of those courts had ever allowed those into evidence. In the Riverside case, the judge finally supported this being introduced into evidence and naturally, the healthcare providers appealed that and were hoping that it would not be allowed.
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