6 Types Of Evidence Used To Prove Medical Malpractice
If you were hurt due to a healthcare provider’s negligent error, you could be entitled to compensation through a medical malpractice claim. Having the right types of evidence to prove medical malpractice can mean the difference between a successful outcome and a dismissal of your case.
Contact our Maryland medical malpractice attorneys at Berman | Sobin | Gross LLP for experienced guidance and dedicated assistance with your claim. We can help you gather all available evidence to prove that you were a victim of medical malpractice and pursue the compensation you deserve.
5 Types of Evidence That Can Help You Prove Medical Malpractice
When filing a medical malpractice claim, there are certain pieces of evidence needed to prove the case. The burden of proof is on the plaintiff—the person bringing the lawsuit—to show that the healthcare provider was negligent and caused harm. In order for a successful outcome, it is essential to have the right evidence in place.
Let’s take a look at five types of evidence that can be used to prove medical malpractice:
1. Personal Medical Records
Detailed medical records are an important piece of evidence when proving medical negligence in court. These records provide valuable insight into the patient’s condition before, during, and after treatment by the healthcare provider. They also demonstrate any changes that occurred due to treatment or lack thereof. For example, if a doctor prescribes medication without informing the patient of potential side effects, personal medical records can show how those side effects affected the patient’s overall health and well-being.
2. Expert Testimony by Other Healthcare Providers
Expert testimony from other healthcare providers is another way to prove medical malpractice in court. A qualified expert witness can testify as to what standard of care should have been provided under similar circumstances and explain why any deviation from this standard amounted to negligence on behalf of the healthcare provider being sued. This type of testimony carries significant weight with jurors who have no prior knowledge of medicine or law and lends credibility to an otherwise complex legal argument.
3. Witness Statements/Testimony
Witness statements or testimony can also help build a strong case for medical malpractice claims in court. Witnesses may include family members, friends, or anyone else who was present at relevant times throughout treatment by the healthcare provider in question. Their testimonies can be used to support one’s claim that they were harmed due to negligence on behalf of this provider and should not be overlooked as they often provide powerful firsthand accounts of what happened during treatment sessions or hospital stays that are not recorded in official documentation such as personal medical records.
4. The Patient’s Testimony
Your own testimony is strong evidence that can be used in court to prove medical malpractice. Your story should include a detailed account of what happened during the treatment process, any physical or emotional pain you experienced as a result, and any financial losses or damages that occurred due to the healthcare provider’s negligence. This testimony will be important for helping build your case and proving that the healthcare provider acted negligently.
5. Photos & Videos of Injuries & Recovery
Another type of evidence you can use to prove medical malpractice is photos and videos from before, during, and after the procedure or treatment. Photographs of the patient’s injuries and videos documenting their recovery process provide visual proof that something went wrong during the procedure or treatment in question. This type of evidence is especially important for cases involving physical injuries such as broken bones or lacerations.
Get Legal Help from Berman | Sobin | Gross LLP
When it comes to proving medical malpractice, having strong evidence is essential. Get help from our medical malpractice attorneys at Berman | Sobin | Gross LLP to prove that your healthcare provider failed to adhere to the accepted standards of care. We will help you gather all available evidence to support your medical malpractice case. Call 800-248-3352 to get started today.
Source:
law.justia.com/codes/maryland/2021/courts-and-judicial-proceedings/title-3/subtitle-2a/section-3-2a-04/
