Every successful medical malpractice claim is supported by lots of compelling evidence. That means if you’re planning on taking action against a negligent provider or facility, you should be prepared to gather all kinds of proof, too.
Naturally, the strongest evidence will come down to the circumstances surrounding the incident in question. There are a few pieces of proof, however, that almost always come in handy during medical malpractice proceedings. Read on to learn what they are:
1. Medical Records
Medical records are the foundation of every personal injury claim. Whereas they’re typically only used to demonstrate damages, however, actions involving malpractice depend on them to prove liability, too.
You’re going to have to present virtually all the documentation associated with the treatment you received. This might include hospital intake forms, nursing logs, diagnostic images, and progress evaluations.
2. Eyewitness Testimony
Chances are other providers who were on your care team witnessed the incident or at least the damage left in its wake. Examples include nurses, nursing assistants, and pharmacists.
As such, your attorney is going to want to interview everyone who had a hand in treating you. It’s highly likely that at least some portions of their testimony will help you implicate the liable party.
3. Statements from Relevant Experts
Testimony from medical specialists who didn’t actually treat you but are familiar with the most widely accepted standards of care given the circumstances can also bolster your claim. Thankfully, you should have no trouble finding specialists if you turn to a resourceful firm.
The most reputable practices maintain vast professional networks that are comprised of all kinds of experts. As such, they always have someone on hand whom they can call upon to testify.
4. Documentation of Damages
You’re going to have to convince the claims adjuster that you incurred actual damages as a direct consequence of the mistakes your doctor made. As such, you should preserve all the invoices, bills, and receipts that correspond to expenses you wouldn’t have incurred had you not been the victim of malpractice.
5. Personal Journal Entries
As soon as you have reason to believe your provider made an error, you should start writing about the situation in a journal. Record how the complications you’re suffering are hurting your quality of life, as well as the ways in which you’re no longer self-sufficient. Such entries will come in handy when you have to convince the claims adjuster that you incurred non-economic damages like pain and suffering, mental anguish, and emotional distress.
Discuss Your Case with a Medical Malpractice Attorney in New York
If your provider made a mistake when diagnosing or treating you and you want to hold them accountable, turn to Leitner Varughese. Our resourceful team is backed by more than 35 years of collective experience in the legal field.