Medical Malpractice: The Fraudulent Electronic Medical Record

By James E. Fox, Sherman Oaks

Winning any medical malpractice claim is difficult for the simple reason that the juries tend to favor physicians. This is true no matter how egregious the malpractice. The judges (and standard jury instructions) tend to push the case in the direction of a professional debate between expert witnesses – a losing formula for the plaintiff. By proving a physician falsified the medical record (and then lied about it!), the plaintiff can change the nature of the trial from a medical “debate” to medical “cover-up” — a winning strategy.

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