Gathering Evidence For Strengthening Your Medical Malpractice Case

Gathering Evidence For Strengthening Your Medical Malpractice Case

If you have suffered injuries because of negligent doctors or medical staff, you are not alone. Medical malpractice kills 225,000 people in the United States every year and is the third most common cause of death. Thankfully, you can file a lawsuit and seek compensation for your damages. These injuries could mean a reliance on medications for the rest of your life, maybe even trying different types ranging from prescribed meds to alternatives like CBD Öl, or used concurrently to hit the issue head-on. So it is important that those who did this answer their mistakes.

Medical malpractice lawsuits can compensate you for your medical bills, lost wages, pain and suffering, and other damages depending on your condition. However, before beginning the recovery process, you need to gather valid evidence to strengthen your case. Medical negligence attorneys can help you acquire strong evidence and maximize your compensation.

Medical records are a must

To win a case of medical malpractice, you need to gather your medical records. They may include:

  • Doctor’s notes
  • Operative reports
  • Medication orders
  • Films and imaging
  • Prescriptions
  • Nursing progress notes
  • Lab results
  • Medical test results
  • Consultations

If you are worrying if you will be given access to these records, know that you have the right to gain access to your medical records as a patient. Health Insurance Portability and Accountability Act (HIPAA) protects your right to obtain copies of medical records from the hospital.

If the patient is not able to request these copies, access can be requested by a personal representative of the same, such as:

  • The parent of a minor child.
  • The hired attorney of the patient.
  • The executor of the patient’s estate will.

According to the HIPAA, the hospital cannot legally deny you medical records but can charge a fee. To gain more information on this, you can contact a medical malpractice lawyer.

How to request your medical records

To access medical records from the hospital, the patient or their personal representative needs to go to the specific hospital and fill out a form or submit a written request. You can get it at the medical office or have it mailed at home via mail, fax, or email.

If the hospital does not have a form like that, you can write a letter yourself and submit it. The letter must include the following information.

  • Full name
  • Social Security number
  • Date of birth
  • Address
  • Phone number
  • Email
  • List of requested records
  • Signature

Before sending the letter, contact the hospital to know the procedure of requesting the release of medical information.

Other essential evidence

Medical records are the most crucial pieces of evidence in a medical malpractice claim. However, to strengthen your case and maximize your compensation, you may also need the following evidence.

  1. Expert witnesses.

To prove your case, you must establish that the recognized standard of care was not taken. To do this, you need expert witnesses to explain the expected standard of care levels and establish how your injuries result from negligence.

  1. Medical journals and articles.

Expert witnesses rely on highly respected medical journals and articles. They show how a medical case should be handled.

Gathering evidence in any personal injury can be difficult. Skilled attorneys can help gather evidence that you may not be able to find otherwise.

David Robertson