Proving malpractice requires gathering substantial evidence to demonstrate that the healthcare provider was negligent. At Tittle & Perlmuter, we have extensive experience assisting clients in collecting the necessary evidence for their medical malpractice cases. In this article, our Cleveland medical malpractice lawyer explains what to do if you suspect medical malpractice.
Gathering Evidence to Prove Malpractice
Medical malpractice cases are complex and require extensive evidence to prove that the healthcare provider breached the standard of care and caused harm to the patient. Some of the key types of evidence your attorney will work to collect include:
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Medical Records
Your complete medical records are the foundation of any medical malpractice case. Your medical malpractice attorney will obtain copies of all relevant records, including doctor’s notes, test results, lab reports, imaging scans, medication lists, and billing records. These documents can help establish the timeline of events, the treatment provided, and any errors or omissions made by the healthcare providers involved.
It is important to note that healthcare providers and facilities may be reluctant to release medical records, especially if they suspect those records may be used in a malpractice claim. An experienced medical malpractice attorney can navigate the legal process of securing the necessary records on your behalf.
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Witness Statements
Statements from witnesses who have firsthand knowledge of the events in question can provide powerful support for your malpractice claim. Witnesses may include family members or friends who were present before, during, or after the alleged malpractice occurred, as well as other patients or hospital staff who may have observed relevant events.
Your medical malpractice lawyer will identify potential witnesses and gather statements or testimony to help paint a picture of what happened and the impact the malpractice had on your health and well-being. Witness statements can help fill in gaps in the medical records and provide additional context to your claim.
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Expert Opinions
Medical malpractice cases almost always require testimony from medical experts to establish that malpractice occurred. These experts will review your medical records and other evidence to establish if the healthcare professional deviated from the accepted standard of care and if that deviation caused your injuries.
Expert witnesses can provide testimony on the applicable standard of care, how the defendant breached that standard, and the extent and cause of your damages. Essentially, the medical experts act as teachers to explain the complex medical issues to the jury in terms they can understand.
Your medical malpractice lawyer will work with a network of medical experts in the relevant specialties to secure the necessary expert opinions to support your case. Choosing the right experts and preparing them for trial is critical to proving malpractice.
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Damages Documentation
In addition to proving that the healthcare provider committed malpractice, you must also show that you suffered damages as a result.
Damages may include additional medical expenses, lost wages, pain and suffering, disability, disfigurement, and loss of quality of life.
To prove your damages, your attorney will gather evidence such as medical bills, insurance statements, proof of missed work and lost wages, prescriptions, and receipts for related out-of-pocket expenses. You may also need to collect evidence showing how the malpractice has impacted you physically, emotionally, and financially. Keeping detailed records of your injuries, treatments, and the overall impact on your life will be very helpful to your case.
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Other Supporting Evidence
Depending on the specifics of your case, there may be other types of evidence that can help bolster your malpractice claim. This might include emails or text messages with the healthcare provider, hospital policies and procedures, staffing records, video footage, 911 call recordings, or media reports about similar issues at the facility.
Your attorney will consider all potential sources of evidence and work diligently to gather the documentation and testimony needed to craft the strongest possible case on your behalf.
Preservation of Evidence
In order to gather the evidence described above, it is critical to act quickly to preserve important records and documentation. Your medical malpractice attorney may send spoliation letters to notify the relevant parties of your intent to file a malpractice claim and demand that they preserve all potentially relevant evidence.
It is also advisable to keep copies of everything related to your medical situation, including:
- Appointment notices and reminders
- Prescriptions and medication receipts
- Notes you made during appointments
- Relevant photographs or videos
- Correspondence with doctors and insurance companies
- Bills and insurance statements
In the event you or a family member suspects something is wrong while in the care of a medical professional, clearly communicate your concerns and document what is happening in real time.
Taking contemporaneous notes on a notepad or your phone can provide invaluable support for your claim down the road.
Investigating Your Medical Malpractice Claim
Building a successful malpractice case requires in-depth knowledge of both the legal and medical issues involved. As your medical malpractice attorneys investigate your potential claim, they will often collaborate with medical professionals to analyze your case from every angle. This may involve an extensive review of medical records, interviews with witnesses, and consultations with medical staff at the facility where the malpractice occurred.
Through their investigation, your legal team will work to establish the key elements of medical malpractice:
- The existence of a doctor-patient relationship that created a duty of care
- A breach of that duty through negligent actions or omissions
- Causation linking the breach of duty to your injuries
- Damages showing the harm you suffered as a result
Investigating a potential malpractice case takes time, but it is a necessary step to determine if you have a viable claim. Once your medical malpractice attorney has gathered the evidence and completed a thorough analysis, they can advise you on your options and the likelihood of success.
Let Us Help You Today
If you believe that you or a family member may have been harmed by a healthcare provider’s negligence, reach out to Tittle & Perlmuter.
The sooner we can start gathering evidence and building your case, the better your chances of securing the justice and compensation you deserve. Contact us today to schedule a free consultation with one of our seasoned medical malpractice attorneys.
