One of the incredible ways that we prove a medical malpractice case in New York is to use the doctor's own records to show there were departures from good and accepted medical care.
It would seem kind of odd to use those exact records against the doctor; the exact records that the doctor is using to keep track of a particular patient and the treatment he is rendering to them.
That is exactly the point. The doctor is required to keep accurate, thorough and detailed records about the patient's complaints, his examination and findings, his plan of treatment and proposed recommendations.
While the defense always claims that a failure to properly document does not equate to a failure to take action nor is it equated with inaction, there is a common argument that if it wasn't written down, it wasn't done.
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