Claims related to medical malpractice are among the most complex for various reasons. First, the field of medicine is ever-evolving, and there may be different diagnostic or treatment procedures for similar conditions. Second, evidence related to such claims may not be so forthcoming.
As such, proving negligence by a healthcare provider is not as simple, yet it’s a crucial aspect of your claim. Since the burden of proof lies on you, it helps to understand what is useful. This includes things like:
MEDICAL RECORDS
Medical records are evidence as they show all your interactions with healthcare providers. Your medication records, nurses’ and doctors’ notes, lab reports, and diagnostic information could shed light on the circumstances that led to the case in question.
Medical records can also be used to corroborate or disprove statements made by the parties to your claim and prove the existence of a patient-doctor relationship.
EXPERT TESTIMONY
Medical experts may be involved in your medical malpractice claim to answer questions and clarify issues related to the case. Would another equally qualified doctor have treated you differently? Would you be in a similar situation?
These are some questions that an expert in the field related to the malpractice case will likely answer to help ascertain whether negligence was involved.
OTHER USEFUL EVIDENCE
Photos of your injuries or condition following the malpractice can also help your case, although it depends on the circumstances of your claim. It is also prudent to have evidence of the damages you suffered, such as the medical bills you incurred to right the wrongs. Even a pain diary can help lend strength to your claims.
If you or a loved one falls victim to medical negligence, it is advisable to seek legal counsel before kickstarting the claims process. Getting the compensation you deserve may be a difficult undertaking but not impossible, especially if you have the proper guidance.
