Augusta Premier Personal
Injury Attorneys

How Is Evidence Collected in a Medical Malpractice Case?

October 30, 2022Medical Malpractice

Medical malpractice lawsuits allow victims of negligent medical professionals to recover financial compensation for any injuries that they suffered. By filing a claim, the victim can secure a settlement to pay for medical care, lost wages, pain and suffering, and other damages.

However, a medical malpractice claim requires the presence of negligence. You will need to gather several pieces of evidence to prove that the healthcare provider acted in a negligent, harmful way that led to your injuries. 

Obtain Your Medical Records

Your medical records are some of the most important pieces of evidence in a medical malpractice claim. These documents can help establish the nature and the extent of the malpractice, and the injuries or illnesses that you suffered as a result of the doctor’s negligence. 

These records may include:

  • Medical test results
  • Doctor’s notes
  • Medication orders
  • Lab results
  • Nursing notes
  • Prescriptions
  • Consultations
  • Imaging results

You will want to obtain the medical records from the doctor who was responsible for the malpractice, and from the doctor who treated you for the subsequent condition. You can usually obtain these records from the hospital or clinic directly.

As a patient, remember that you have the right to access your health information—your doctor cannot refuse to provide them to you unless they believe that they could cause you harm. An attorney can help you obtain these records if necessary.

Write Down the Names of Responsible Parties and Witnesses

Your medical records are not the only piece of evidence that you will need to prove that medical malpractice occurred. You will also want to collect the names of all of the healthcare professionals that you interacted with during your stay. Additionally, you want to collect the information of any witnesses who may have seen the malpractice occur. You can find some of this information in your medical records.

Start a Journal

Medical malpractice has more than just a physical impact. It can also have a devastating impact on your psychological well-being and quality of life. However, proving these intangible losses can be difficult, as there is no documentation or physical evidence to establish them.

To record the impact of the malpractice on your life, start writing in a journal every day. In your journal, explain how medical malpractice has affected your emotional and physical well-being. Detail your struggles and the treatment that you need to receive to recover from your condition.

What to Do If You Suspect Medical Malpractice

As a patient, you place your trust in the hands of the medical professionals who are treating you. It can be difficult to know whether your doctor committed an act of malpractice or whether you qualify for litigation. In these situations, it is important to take the following steps to start gathering evidence and seeking help.

  • Seek medical attention from another healthcare provider. Save all of your medical records.
  • Try to obtain your medical records from the hospital or clinic where the malpractice occurred.
  • Contact a medical malpractice attorney who can represent your case and initiate your lawsuit.

Hiring an Augusta medical malpractice attorney can help you navigate the litigation process and secure the compensation that you deserve. As soon as possible following the act of malpractice, contact a lawyer to discuss your situation and plan your next steps.

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