Extensive case research is a key element in any trial preparation and is time consuming for any attorney, its even more so when the documents are medical records. A typical medical record would include information about treatments, tests, and other aspects of patients' medical histories, which are crucial for lawyers as they help them understand the case. So, we at DigitalAge Infotech, support you with the back-office functions. Our services are comprehensive and customizable. We have medical and documentation professionals, who can help you with the most complicated cases and support you while you walk the path to victory in the courtroom.
Our key practice areas include Personal Injury, Medical Negligence, Mass-Tort, and Product Liability.
Attorneys must organize and review voluminous medical records, when handling any personal injury claim. The elements that apply to a personal injury case are:
Duty to exercise reasonable care: The existence of someone's legal duty is the first element a negligence claim must satisfy. For example, if a case involves a traffic accident, this applies to the obligation to drive with care to avoid accidents with others on the road. Everyone who uses the road has a duty of care to the others in their vicinity (motorists, pedestrians, bicyclists, motorcyclists). Our chronologies include a detailed review of the accident report, which pinpoints the exact negligence that contributed to the incident.
Failure to exercise reasonable care: The second element of a negligence case is showing a breach in exercising reasonable care. It might have been the individual who did something careless, such as forgetting to post a warning sign about wet floors. Even if there was no intent to harm someone, it does not negate the person's liability.
Causation: The third element is showing causation. This means that the failure to exercise reasonable care caused an injury. Even if the act of carelessness or recklessness was not solely to blame, it must have at least contributed to the injury.
Suffered actual damages: Damages are the final element of negligence claims. If someone is not injured and suffered no damages, there is no valid personal injury claim. In many circumstances, if the injuries are not serious, it will not warrant pursuing legal action. Common damages that may warrant filing a negligence claim are medical costs, lost income, pain and suffering, and disability. Our medical specialists do an in-depth review of the medical records to identify information that explains the damages, as mentioned earlier.
Medical malpractice is defined as any act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. During a trial, the attorney must prove that the physician acted negligently in rendering care and that such negligence resulted in injury. To do so, four legal elements must be proven:
While reviewing the case, our medical specialists consider both actual economic loss and non-economic loss, such as pain and suffering. Our MDs can also provide an opinion explaining the deviation in the standard of care with relevant articles to substantiate the claim.
Some companies and businesses breach a fundamental duty of care against large amounts of people. These situations must be remedied through litigation and prevented in the future, so that other people will not be harmed, injured, or suffer wrongful death. Mass tort law keeps businesses in check and ensures that personal injury is compensated with a fair settlement. During mass tort litigation, each person is treated as individual fighting against the business. Each person has been harmed by this defendant, but the injuries might not be the same between the group of litigants. The plaintiffs in mass tort litigation go to court together, despite having different disputes with the defendant.
There are different types of mass tort lawsuits, and each case is different. The main three types of mass tort are;
Consumer Product Claims: Consumer product claims are when a product is defective. The defectiveness of the product harmed almost everyone who purchased it.
Environmental Claim: An environmental tort claim is when a company has contaminated the environment, which in turn has caused an injury. This can include oil spills or dumping hazardous chemicals into drinking water. These unsavory acts can cause illness or death, sometimes even in decades to come.
Pharmaceutical Claim: A pharmaceutical claim is when the pharma company has launched a drug to the public and it causes serious life-altering side effects, including death.
Apart from a detailed medical chronology, at DigitalAge Infotech, we also provide cost-effective case screening services to help you decide on the case's merit.
Product Liability refers to the liability of any or all parties in the manufacturing cycle of a product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner. Products containing inherent defects that cause harm to a consumer (or someone to whom the product was loaned, given, etc.) of the product would be the subjects of product liability suits.
Products Liability is generally considered a strict liability offense. A defendant is liable when the plaintiff proves the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if a defect in the product causes harm, they are liable for it.
There are three types of product defects that incur liability in manufacturers and suppliers:
Design Defects: Design defects are inherent, as they exist before the product is manufactured. Therefore, while the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.
Manufacturing Defects: Manufacturing defects occur during the construction or production of the item.
Defects in Marketing: Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product
Our experts at DigitalAge Infotech can help you build a robust case by reviewing International standards such as ISO, ASTM, ASME, IFS, etc.