ETS lawsuit is a unique type of personal injury case that challenges the insurance company’s coverage and protects the injured victim. ETS, otherwise called Electronic Tracking Systems, is an internet-based tracking system that was developed to track medical records. An injury claim requires proof that the defendant was aware of the injuries that resulted from the negligence or wrongful act of another. The injury claim then requires that evidence be presented in court to prove that the injury was caused by that negligence or act. Through this process, victims are able to receive compensation for their loss and sufferings.
When an ETS records the information of the patient, he/she will then be sent directly to the lawyer who represents the victim.
This minimizes any delays that may occur in gathering and reviewing medical records because these are generated immediately. These records are very useful because they provide medical information that cannot be obtained otherwise. There are certain requirements needed to acquire ETS records and use them in lawsuits.
Before the technology could be implemented, medical records must first be transcribed. After this is done, they would need to undergo data conversion. This is where the actual text of the medical records is converted into electronic files so that the attorney can access and analyze the information. Once an attorney has his/her hand on the information, he/she can do everything possible to aid the victim receive recompense for their loss.
Before an ETS lawsuit can be filed against a negligent entity, several conditions must be met. First, the injured party must prove that the harm was caused as a result of negligence. Once this condition is met, the plaintiff is allowed to proceed with filing the lawsuit. The time limit within which the lawsuit must be filed is usually three years.
Now that we have the basic details of how this works, let us look at how ETS lawsuits work from a legal perspective.
When a patient is complaining of pain or injury, medical records show that previous treatment offered by a doctor bears little resemblance to the symptoms exhibited by the victim today. If this scenario is ignored, there are high chances that the victim will not receive the proper amount of compensation. In such situations, the affected individual is likely to sue the doctor for his/her mistake. If successful, the doctor may be forced to compensate the victim for the time he/she wasted due to the treatment that failed to resolve the problem. Medical records will also prove that a doctor failed to diagnose the condition correctly, which leads to negligence on his part.
There are times when medical records are falsified in order to quell the claims of patients.
There are numerous incidents reported in which victims have been threatened that they will lose their chance to claim through ETS if they refuse to sign the papers required for the procedure. Although this may be true, it is important to remember that signing the documents does not mean you have been proven guilty of any wrongdoing. Once the attorney receives the medical records, he/she will certainly use them to prove that the claim is valid. This means that you should only be scared of being sued because of the fear of losing your opportunity to receive compensation.
You can avoid such an ordeal by ensuring that the attorney dealing with your case is highly qualified.
Since an experienced attorney will have a thorough knowledge of the laws governing health care facilities across America, it will be easy for him/her to spot the weaknesses present in the documentation. If you are not sure whether or not the attorney is qualified, it is best to ask for references and testimonies from past clients who had dealings with the attorney. By doing so, you can ensure that you do not fall victim to fraudulent claims. Moreover, the attorney handling your lawsuit should also be able to offer sound legal advice and guidance in the process of filing for compensation.
An ETS lawsuit may take several months before it is finalized.
During this period, the victim should continue to collect medical records, conduct follow-up visits to doctors and secure other necessary paperwork. As the litigation continues, the victim may need a temporary replacement while waiting for the case to progress through the courts. When you are faced with this predicament, contact an experienced ETS attorney to help you deal with the ordeal.
