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
Damage to the pons is the usual cause for locked-in syndrome. The pons is a part of the brain stem responsible for relaying nerves between the brain and spinal cord. When the transmission of these nerves gets interrupted or cut off, the brain cannot send the proper signals to the muscles to move or contract.
Read More
The main symptom of locked-in syndrome is paralysis of every voluntary muscle in one’s body except those controlling eye movement. It is the equivalent of having quadriplegia along with no movement in the facial muscles, diaphragm, or intercostal muscles, making it impossible to swallow or even breathe without assistance. Locked-in syndrome does not, however, affect
Read MoreEvidence - News Articles
After nine months of waiting, Angela Marchant went into labor on July 22, 2016. She was rushed into the St. Charles Family Birthing Center, located in Bend, Oregon. The center is operated by the St. Charles Health System, which is one of the largest providers of medical care in the state of Oregon. According to
Read More
Louisiana Appellate Court Upholds Verdict & Increases Award by $1,186,000 After seeing a gastroenterologist in August 2013 about a pain in his upper right abdomen, Roger Burchfield was referred to the Willis-Knighton Medical Center in Shreveport, Louisiana. Forrest Wright, a surgeon at the medical center, determined that Burchfield, then 58, required immediate gallbladder surgery. Before
Read More