Collecting Evidence for a Medical Malpractice Claim
Collecting evidence for a medical malpractice claim is no easy task, especially for victims without legal support. You need to know if you’re eligible to file a claim, who you should be suing, how much you’re owed, and more. An attorney can take this legal burden off your shoulders by using their experience and knowledge to gather evidence that supports your claim.
If you or your loved one suffered an illness from a doctor’s failure to uphold their standard of care, a compassionate medical malpractice lawyer from Greenstein & Milbauer, LLP is ready to help you find justice. We’re ready to collect the evidence you need for your case.
What Kind of Evidence Do I Need for a Medical Malpractice Claim?
According to research studies, only medical malpractice claims with strong evidence are likely to win a settlement. Further, compensation for such cases decreases as the quality of a plaintiff’s evidence weakens.
These three types of evidence are common in medical malpractice claims. Talk to your lawyer about these types of evidence and the tools you can use to get your medical malpractice damages covered.
Medical records are one of the most important pieces of evidence in a medical malpractice case. They show how your health progressed before, during, and after the defendant’s negligent actions.
Medical records can help your lawyer identify when the medical error occurred and which healthcare provider was tasked with your care at that point.
You have the right to access your medical records by contacting your medical provider and asking about the best way to go about it. Some may require a written request, while others only need you to fill out an online form.
Documents you can gather as evidence here include the following:
- Doctor’s notes
- Laboratory test reports
- Imaging and films
- Diagnosis reports
- Nurse progress reports
- Prescription notes
Expert Witness Testimony
The state of New York requires medical malpractice plaintiffs to present a certificate of merit before taking any legal action. This is to show that their attorney has consulted an expert and ascertained there’s an eligible claim.
In this case, an expert witness is any physician with specialized experience or knowledge in the medical area your case touches on.
Your lawyer may also call an expert witness to identify and testify on evidence that might not be too obvious for a layman. Examples include:
- How the liable party’s actions were a deviation from standard practice
- The possibility of this breach causing your injuries based on their medical knowledge
- Conflicting information in case the defendant tried to cover up their errors
A medical malpractice lawyer who handles such cases will have a network of expert witnesses to source for your claim.
Medical journals provide evidence of a relationship between your doctor’s actions and the harm you suffered.
Since these journal articles contain reports or results of real-life studies, the court recognizes them as evidence of medical malpractice. Others outline the steps to follow when performing a particular medical procedure.
Talk to a Medical Malpractice Lawyer in NYC
Like any personal injury case, survivors of a medical malpractice incident bear the burden of proving the defendant’s breach of care. The only way to do this is by collecting strong evidence.
Let a medical malpractice attorney help you with your claim’s investigations as you focus on healing. Get in touch with the lawyers at Greenstein & Milbauer, LLP, by calling 1-800-VICTIM2 (842-8462) or filling out our contact form below.