Evidence & Medical Malpractice Law
Evidence is an essential aspect of medical malpractice law. In most situations, medical malpractice lawyers look to gather as much evidence as possible, which allows us to build a strong case for damage. We may gather expert opinions, medical reports, tests, and other evidence to help support your claim for damages.
Here is what you need to know about evidence and how it can impact your medical negligence case.
Why You Need Evidence in Your Medical Malpractice Case
If you are considering filing a medical malpractice case, you likely have questions about the type of evidence we will need to prove your case and how lawyers leverage that evidence.
When gathering evidence, we seek to establish the following.
The first step in a medical malpractice case is to demonstrate who is liable for your injuries. Is it the hospital? A physician’s assistant? A specialist? Evidence will help establish the doctor-patient relationship and show how the at-fault party’s negligent actions make them liable.
Proof of Negligent Medical Care
Not every situation is a case of medical malpractice. The evidence we gather must show that another doctor (known as a “reasonable person”), facing a similar situation, would not have made the same decision. This is known as the standard of care.
Link Your Injuries to the Doctor’s or Staff’s Action/Inaction
The next factor we need to prove is how the health care professional’s action or inaction led to your injuries. For example, we might use medical records to show a doctor clearly knew which knee you needed surgery on but operated on an unaffected knee instead.
Finally, a medical malpractice lawyer will use evidence to show the damages you suffered. For example, by operating on the incorrect knee, a doctor could have caused damage to a healthy knee and caused you to miss additional time at work.
The Type of Evidence You Need for a Medical Malpractice Case
The type of evidence a medical malpractice lawyer will look for will vary widely, depending on the details of your case. In most cases, we try to gather the following type of medical evidence:
- Medical reports, detailing your injuries
- Diagnostic testing, including when tests were performed
- Expert opinions, from other medical professionals
- Surgery preparation reports
- Medical studies
- Past incident reports with the hospital or doctor
See How a Medical Malpractice Attorney Can Help You During a Free Consult
Gathering medical evidence to support your medical malpractice case can take weeks or even months. Your medical malpractice attorney needs as much time as possible to build a strong case for damages. For this reason, we suggest contacting a medical malpractice lawyer as soon as possible after the incident occurs.
The Newsome Melton legal team is dedicated to helping medical malpractice victims recover the damages they deserve. Let us help you recover your financial security and hold the at-fault party responsible. Call us at 855-633-2757 to discuss your legal options.
Evidence - Frequently Asked Questions
There is a statute of limitations on medical malpractice cases in Florida. According to F.S. §95.11(4)(b), victims must file a lawsuit within two years from the time of the malpractice incident—or two years from the time the incident was discovered. To speak with a medical malpractice lawyer in Florida about the statute of limitations in yourRead More
Despite many protocols and requirements that hospitals are setting in order to avoid surgical mistakes, doctors and surgeons are still performing an alarming number of errors in the operating room. In the case of surgical negligence, the responsible party largely depends on who the surgeon is employed by and whether or not the error wasRead More
Evidence - News Articles
In 2010 Matthew and Danielle Cremisio made the biggest decision of their lives. They wanted to get pregnant, but soon realized that they would need professional assistance to do so. After some research they decided to hire CNY Fertility, a clinic located in Syracuse, NY. Before implantation the couple requested that CNY Fertility run aRead More
It was September 2013 when Miguel Diaz and his wife, Esther Diaz, sat in the waiting room at one of the health clinics run by Leon Medical Centers in South Florida. Miguel Diaz still had postoperative bandages covering his right eye following his cataract surgery a few days earlier. Diaz was excited, but nervous forRead More