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What are the Legal & Ethical Considerations for Orthopaedic Report Writing

November 18, 2024 - Orthopaedic report writer

Preparing an orthopaedic report is not as simple as it sounds; it requires a comprehensive process, a detailed analysis of the injury or condition, an assessment of the extent of damage, taking a history of previous conditions, providing a thorough treatment plan, and providing all the medical aspects of the injury. The orthopaedic report is crucial medical evidence in medico-legal cases, and it becomes the foundation to support claims in personal injury, compensation or disability cases. Therefore, orthopaedic experts are expected to prepare a report that complies with all the regulatory requirements, fulfils all the prerequisites and provides a complete, objective account of injuries for accurate outcomes in legal proceedings.

That’s not all; an orthopaedic report should be prepared with in-depth consideration of legal and ethical principles. Report writing is a detailed process, and whether writing manually or using an orthopaedic report writer, you must adhere to these legal and ethical principles. This blog discusses these principles in detail for better understanding so you can prepare effective, compliant, professional orthopaedic reports.

Legal & Ethical Considerations for Orthopaedic Report Writing

• Objectivity

As an orthopaedic expert, it is your responsibility to create a report based on a completely unbiased and objective evaluation. This means the orthopaedic report should be a precise account of the patient’s condition entirely based on assessment and reports rather than your personal opinion or beliefs. The orthopaedic report is medical evidence for litigation, therefore, there is no room for preconceived notions or biases that can impact the integrity of the medico-legal process. For example, an orthopaedic expert prepares a report and, instead of sticking to the facts, includes their personal opinion. Such non-objective evidence provided by expert witnesses can redirect the case and even negatively impact the case.

• Accuracy

You must ensure that every orthopaedic report is factually correct. There’s no room for manual errors in the medical evidence, and incorrect information can weaken the case. For example, a simple documenting error in mentioning a patient’s range of motion could lead to misdiagnoses and can be misinterpreted by the legal team, resulting in serious legal repercussions. Therefore, whether you are writing a report manually or using a report writer software, it is crucial to pay attention to each medical aspect, verify all the facts and recheck all the sections of the report before submission.

• Clarity

Clarity is another important aspect of the orthopaedic report. An orthopaedic expert should communicate clearly with the patient so no critical information is left in the assessment and diagnosis. Then, that information should be provided in great detail and with absolute clarity in the report. As the medico-legal report is shared with attorneys and judges, it should be written without the use of medical jargon so any non-medical professional can easily understand it. The use of simple and clear language should be ensured in all orthopaedic reports to maintain the accuracy and integrity of the report. An unclear report can lead to confusion, increase misinterpretation risk, and compromise the evidence.

• Complete:

An orthopaedic report should be complete, providing all the information regarding the case, such as the patient’s history, nature of the injury, examination findings, diagnosis, treatment, or rehabilitation plans. It is essential to include all the data in a logical sequence without missing out on any fact or relevant detail, as that can create confusion in medico-legal cases. For example, if the report is created for an accident, it should include a history of the patient’s condition and the injury’s impact on the patient’s existing medical issues. Missing such critical information can weaken the case and leave gaps in the medical evidence, compromising its credibility. Using report writer software can help you ensure your report includes all the required information and is structured in a logical sequence with detailed sections for each aspect of the case.

• Confidentiality:

Being an expert witness, it is your legal and ethical responsibility to respect and maintain the confidentiality of the patient’s data. All the test results, diagnosis, treatment plans, personal information, and contact information shared with orthopaedic specialists and orthopaedic reports created for the patient are confidential and should be protected throughout the process. Breaching a patient’s confidentiality can have serious legal consequences and can damage your reputation as an expert witness. Whether you are manually working with paper-based reports or using a centralised platform, it is your responsibility to keep all the data private and only share it with authorised personnel like attorneys or MROs.

By adhering to these legal and ethical considerations, you can create a reliable and professional report to help the medico-legal case move forward.

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