What type of evidence do we look for in medical malpractice law?
Evidence is an essential aspect of medical malpractice law. In most situations, medical malpractice lawyers look to gather as much evidence as possible, which allows us to build a strong case for damage. We may gather expert opinions, medical reports, tests, and other evidence to help support your claim for damages.
Here is what you need to know about evidence and how it can impact your medical negligence case.
Why You Need Evidence in Your Medical Malpractice Case
If you are considering filing a medical malpractice case, you likely have questions about the type of evidence we will need to prove your case and how lawyers leverage that evidence.
When gathering evidence, we seek to establish the following.
Liability
The first step in a medical malpractice case is to demonstrate who is liable for your injuries. Is it the hospital? A physician’s assistant? A specialist? Evidence will help establish the doctor-patient relationship and show how the at-fault party’s negligent actions make them liable.
Proof of Negligent Medical Care
Not every situation is a case of medical malpractice. The evidence we gather must show that another doctor (known as a “reasonable person”), facing a similar situation, would not have made the same decision. This is known as the standard of care.
Link Your Injuries to the Doctor’s or Staff’s Action/Inaction
The next factor we need to prove is how the health care professional’s action or inaction led to your injuries. For example, we might use medical records to show a doctor clearly knew which knee you needed surgery on but operated on an unaffected knee instead.
Prove Damages
Finally, a medical malpractice lawyer will use evidence to show the damages you suffered. For example, by operating on the incorrect knee, a doctor could have caused damage to a healthy knee and caused you to miss additional time at work.
The Type of Evidence You Need for a Medical Malpractice Case
The type of evidence a medical malpractice lawyer will look for will vary widely, depending on the details of your case. In most cases, we try to gather the following type of medical evidence:
- Medical reports, detailing your injuries
- Diagnostic testing, including when tests were performed
- Expert opinions, from other medical professionals
- Surgery preparation reports
- Medical studies
- Past incident reports with the hospital or doctor
See How a Medical Malpractice Attorney Can Help You During a Free Consult
Gathering medical evidence to support your medical malpractice case can take weeks or even months. Your medical malpractice attorney needs as much time as possible to build a strong case for damages. For this reason, we suggest contacting a medical malpractice lawyer as soon as possible after the incident occurs.
The Newsome | Melton legal team is dedicated to helping medical malpractice victims recover the damages they deserve. Let us help you recover your financial security and hold the at-fault party responsible. Call us at 888-526-8947 to discuss your legal options.
Evidence - Frequently Asked Questions
In many cases, failure to diagnose is a form of medical malpractice. Malpractice cases often hinge on the standard of care other doctors with similar backgrounds would provide in the same situation. If a doctor missed signs and symptoms other professionals would have identified, you may have a case for medical malpractice. Doctors have a responsibility to
Read More
You should file a lawsuit as quickly as possible after a birth injury because you do have a limited time to do so. The clock begins ticking when the injury occurs. If you wait too long, you will not be able to file for medical malpractice. The statute of limitations establishes how long you can
Read MoreEvidence - News Articles
Voters in California are going to be the latest decision makers in a long and contentious argument over pain and suffering awards tied to medical malpractice. In California, pain and suffering awards (also called non-economic awards) have been capped at $250,000 for almost four decades in medical malpractice cases. A recently-qualified state ballot initiative (Proposition
Read More
Two years ago, Michael Holmes was told by his doctors at the Hunter Holmes McGuire VA Medical Center in Richmond Virginia that his left carotid artery was blocked and needed to be cleared out. A few months later he underwent the routine vascular surgery, which typically takes around one-hour to complete. But something went terribly
Read More