Whether you settle or go to trial, damages are always a consideration. As such, there has been an evolution of tools made to help. The use of EMR audit trails in medical malpractice cases is rising exponentially, and especially in OB cases where there is often a dedicated EMR system in addition to the hospital’s main system. When there is conflicting testimony about the timeline of events, the objective data acts as a powerful “silent witness” for jurors, with the potential to significantly impact verdict value. This panel will explore damages analysis and the basics of audit trail analyses and how to use them to your advantage.

• Assessing the essential values that go into calculating damages for an obstetric malpractice case
• Understanding the importance of calculating damages and what could happen if it is calculated improperly
• Reviewing recent case law that has affected calculations
• Developing best practices when selecting a damages expert to meet the measure of damages for your case
• Analyzing the big-ticket damages items stated by a plaintiff, and defense strategies to counter this