Medical malpractice has been alarmingly common in recent times. But, even when the case is valid, proving one’s legal rights as a victim of medical malpractice can still prove challenging. Proving medical malpractice requires clear evidence of liability. Further, pursuing such claims requires patients and their families to have a clear understanding of when medical mistakes are severe enough to justify claims for financial compensation.
These malpractice claims by the victim’s family might also be given heed when under the supervision of an attorney. To prove medical malpractice, the malpractice attorneys use various ways and methods, along with treatment-related documents of the patient, some of those are as follows:
- Patient’s Medical Records – Medical records are essential in any medical malpractice case, as it shows the relationship between the patient and the doctor along with keeping records of treatment received by the patient in the form of prescriptions, x-ray reports, etc.
- Test Results, Scans, or Prescriptions – are maintained as record documents, and obtaining a scanned copy of those would prove beneficial. In addition, medical bills and receipts the patient receives can serve as proof of medical malpractice.
- Diagnosis and Treatment Recommendations (from a New Provider) – will help in seeking assistance with financial compensation for the victim. In such an emergency, a second opinion by a specialist is always considered useful.
- Expert Reports and Testimony – clinical guidelines published in the medical professional groups can be taken up as a means of a proof; meanwhile, the malpractice attorneys might also obtain reports and testify from an expert on behalf of the client.
- Provider’s Internal Records – Through the discovery process, the malpractice attorney can obtain healthcare providers’ internal records, which can potentially point to medical malpractice.
- Testimony from the Provider (or the Provider’s Personnel) – malpractice attorneys can also obtain testimony from the provider (or the provider’s personnel) by compelling evidence and damaging testimony from providers’ personnel to spur settlement negotiations.
- Photographs and Videos – Photographs and videos of patients’ injuries and the effects of their undiagnosed or untreated medical conditions can also be critical for proving that they are entitled to just compensation. Again, there is no difficulty in maintaining such records with the help of the availability of all the technical devices and instruments.
- Past Records of the Practitioner with the Client: In many cases, the victim who has registered such a complaint is not the first one to face such injustice; thereby, there are strong chances of having witnesses who have been devoid of their appropriate treatment. Malpractice attorneys must take this action to help their clients gain legal confidence.
The points considered above are just some evidence that malpractice attorneys may collect to prove the liability of the patient’s medical malpractice claim. The evidence will also have to be presented on behalf of the patient or their family to prove their claim; only then can such cases be carried further by the lawyer to determine the actual amount of the financial compensation on his client’s behalf.