Facing the aftermath of medical malpractice can be daunting, but gathering thorough evidence is crucial for building a strong case. Whether you’ve experienced a misdiagnosis, surgical error, or medication mistake, documenting evidence effectively can significantly impact the outcome of your claim. Our friends at David & Philpot, PL have provided practical steps you can take to gather and preserve evidence for your medical malpractice case below:
Medical Records And Documentation
One of the most critical pieces of evidence in a medical malpractice case is your medical records. These records provide a comprehensive overview of your treatment, including diagnoses, procedures, medications, and any complications that arise. Request copies of all relevant medical records, including doctor’s notes, test results, and imaging studies, and ensure that they are complete and accurate. It is best to request these as soon as possible because there have been cases where providers were worried and changed records to try and protect themselves.
Keep Detailed Notes
In addition to medical records, keeping detailed notes about your experiences can strengthen your case. Document symptoms, treatments, and any conversations with healthcare providers, noting dates, times, and specific details. These notes can serve as valuable evidence to corroborate your claims and provide context for your medical history. This can also look like screenshots of call logs to prove that calls happened displaying the phone number involved and the length of the call.
Photographic Evidence
Photographs can provide visual documentation of injuries, surgical sites, or other relevant aspects of your case. Take clear, high-quality photos of any visible injuries or complications resulting from medical treatment. Include close-up shots as well as images that provide context, such as the location where an incident occurred or the condition of medical equipment.
Obtain Witness Statements
Witness statements from individuals who observed the medical care you received can strengthen your case. This may include family members, friends, or other patients who were present during appointments or procedures. Ask witnesses to provide written statements detailing their observations and any concerns they may have noticed.
Expert Opinions
Seeking opinions from medical experts can provide valuable insights into the standard of care and whether it was breached in your case. Medical experts can review your medical records, evaluate your treatment, and provide expert opinions on whether negligence occurred. Their testimony can be instrumental in demonstrating liability and causation in a medical malpractice case. A medical malpractice attorney will help you find experts that can review your case and provide their opinions on what went wrong.
Preserve Physical Evidence
Preserving physical evidence related to your case is essential for supporting your claims. This may include medical devices, medication containers, or any objects involved in the incident. Keep these items in a safe place and avoid altering or tampering with them in any way. Digital evidence should also be treated the same.
Documenting evidence effectively is crucial for building a strong medical malpractice case — by doing this you can strengthen your case and increase your chances of success. Reach out to a lawyer near you for help on your case.