Why Medical Records Are Key to Winning Malpractice Cases
Sept. 4, 2025
In Oklahoma, one of the most important tools for proving these claims is the patient’s medical records.
Medical records are far more than just charts and notes—they're a detailed history of care, treatment decisions, and outcomes. They can either strengthen a claim or undermine it, depending on how thoroughly they're reviewed and presented.
At Justin Lowe & Associates we understand that medical malpractice cases are among the most high-stakes matters courts see. When a patient suffers harm due to a healthcare provider’s negligence, the burden of proof rests heavily on showing what went wrong and how it caused injury.
Medical Malpractice in Oklahoma
Under Oklahoma law, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes permanent and disabling harm to the patient. This can involve errors in diagnosis, surgical mistakes, improper medication, birth injuries, or inadequate follow-up care.
The standard of care refers to the level of treatment that a reasonably skilled healthcare provider would have provided under similar circumstances. Proving a breach of this standard often depends on the contents of medical records, which reveal exactly what actions were taken—or not taken—during the course of treatment.
Why Medical Records Hold So Much Weight
Medical records provide a contemporaneous account of the care a patient received. Because they're created during treatment, they're less likely to be influenced by hindsight or memory lapses.
In medical malpractice cases, these records serve as both a factual foundation and a key piece of evidence for evaluating whether negligence occurred.
Our attorneys at Justin Lowe & Associates use medical records to identify discrepancies, inconsistencies, and omissions that may point to substandard care.
The Process of Obtaining Medical Records
While patients have a right to access their medical records under federal HIPAA regulations and Oklahoma law, obtaining them can sometimes be slow or contested. In medical malpractice cases, our attorneys act promptly to request all relevant records from every healthcare provider involved in the patient’s care.
This includes not only hospitals and physicians but also clinics, laboratories, pharmacies, and any other facility where treatment occurred. Missing even one set of records could mean overlooking evidence that supports the claim.
Analyzing Medical Records for Evidence
Once the records are obtained, the real work begins. In medical malpractice claims, raw data alone isn't enough—what matters is interpreting that data in the context of the alleged negligence.
We carefully review every page, looking for things like incomplete documentation, delayed diagnoses, conflicting entries, or deviations from established medical protocols. We compare the documented treatment to what should have occurred under the standard of care. We then have neutral medical experts review every page and obtain their written opinions.
How Records Expose Negligence
Medical records can reveal negligence in several ways. They may show that a test result was overlooked, that a medication was administered in the wrong dosage, or that a patient’s symptoms were ignored.
In Oklahoma medical malpractice cases, these records often form the backbone of testimony, supporting the argument that the provider’s actions—or inactions—directly led to harm.
Common Issues Found in Medical Records
In our medical malpractice work, we frequently identify problems such as:
Missing or incomplete treatment notes
Contradictions between different providers’ records
Evidence of delayed testing or treatment
Documentation that doesn't match the patient’s reported symptoms
Unexplained changes in treatment plans
Lack of informed consent documentation
Any of these issues can raise questions about whether the standard of care was met.
Using Records to Establish Causation
In Oklahoma medical malpractice cases, proving negligence isn't enough—the injured person must also show that the negligence caused their injury. Medical records play a central role in this step by linking the provider’s conduct to the patient’s harm.
For example, if a surgical report shows that an incorrect procedure was performed, and follow-up records document resulting complications, the connection between negligence and injury becomes much clearer.
Contradicting the Defense
Healthcare providers and their insurers often argue that the patient’s condition was caused by pre-existing issues or unavoidable risks. Medical records allow medical malpractice attorneys to counter these arguments by demonstrating the patient’s baseline health before the negligence occurred and the changes that followed.
We use the records to highlight timelines, showing exactly when symptoms worsened and how they corresponded to the provider’s actions.
The Role of Documentation in Building Credibility
In the courtroom, credibility matters. Jurors often place significant weight on objective, written records over verbal recollections. In medical malpractice cases, the precision and clarity of medical documentation can make the difference between winning and losing.
By presenting medical records in an organized and compelling way, our attorneys help juries understand the sequence of events and see how the negligence unfolded.
Timelines and Medical Chronologies
Creating a detailed timeline from the medical records is one of the most effective ways to explain a medical malpractice case. This involves putting every relevant entry—from initial symptoms to post-treatment outcomes—into chronological order.
Timelines help identify delays in care, missed opportunities for intervention, and moments when the provider’s decisions deviated from accepted practices.
Preserving Medical Records for Litigation
In some medical malpractice cases, records may be altered or lost if action isn't taken quickly. Oklahoma law allows for preservation orders to safeguard this evidence. We act swiftly to request and secure records before they can be misplaced or modified.
This step not only protects the integrity of the case but also prevents the defense from arguing that crucial information is unavailable.
Using Records Alongside Testimony
While medical records provide the foundation for medical malpractice claims, they're often paired with testimony from treating physicians, nurses, and other witnesses. The combination of documented evidence and corroborating accounts can make for a compelling presentation in court.
Our attorneys at Justin Lowe & Associate structure questioning and exhibits around the records so that testimony reinforces the written documentation.
Overcoming Challenges with Incomplete Records
Sometimes, medical records are incomplete or contain errors. In medical malpractice litigation, this can actually help the plaintiff’s case, as missing or inconsistent documentation can suggest sloppy or negligent care.
We identify these gaps and use them to question the accuracy and reliability of the provider’s account.
Leveraging Technology in Record Review
Today’s medical malpractice attorneys often use specialized software to manage and review large volumes of medical records. These tools allow for quick searches, cross-referencing, and identification of patterns.
In Oklahoma cases, we integrate technology into our review process to handle even the most extensive sets of records efficiently and effectively.
Presenting Records to the Jury
In trial, it’s not enough to have the records—they must be presented in a way that jurors can understand. This might involve enlarging key pages, highlighting important sections, or creating visual summaries that condense thousands of pages into clear, concise exhibits.
Our attorneys focus on making the records tell a story, guiding jurors step-by-step through the evidence of negligence.
Committed Legal Advocacy
In Oklahoma, winning a medical malpractice case depends heavily on proving both a breach of the standard of care and a causal link to the patient’s injury. Medical records are the primary tool for achieving this, offering an objective and detailed account of treatment decisions, timelines, and outcomes.
At Justin Lowe & Associates our attorneys approach every medical malpractice claim with a sharp focus on gathering, analyzing, and presenting medical records in the most persuasive way possible. By leveraging these documents effectively, they provide clients with the strongest foundation for securing justice and fair compensation.
Medical records are more than just paperwork—they're the key to uncovering the truth, holding negligent providers accountable, and winning in court. We serve clients in Oklahoma City, Edmond, Moore, Norman, Guthrie, Mustang, Yukon, and throughout the State of Oklahoma. Call today.