The outcome of your medical malpractice claim is going to depend on more than a dozen variables. While all these factors will play a role in the proceedings, however, some will inevitably influence the trajectory of your claim more than others.
It probably comes as no surprise that the evidence you end up presenting is one of those variables that will have a major impact on your claim. Consequently, you’re going to want to ensure the pieces of proof you gather are as compelling as possible.
Let’s take a look at the kinds of evidence that most often contribute to medical malpractice claims:
1. Medical Records
Comprehensive medical records are the foundation of every successful malpractice action. Unfortunately, the negligent provider may be inclined to alter or destroy certain documents for fear that they’ll be implicated. As such, it’s imperative to obtain copies of everything as soon as possible. Records worth preserving might include:
- Hospital intake forms,
- Nursing logs,
- Evaluations,
- Diagnostic images,
- Prescriptions, and
- Progress reports.
2. Eyewitness Testimony
Chances are other providers who treated you witnessed the malpractice, or at least its aftermath. Examples include physicians, nurses, nursing assistants, physical therapists, and pharmacists.
At some point during the investigation, it will probably be necessary to depose any such individuals. Upon combing their testimony, you may be able to find convincing evidence of liability.
3. Statements from Relevant Experts
When putting together a malpractice claim, it’s often necessary to consult various medical specialists. They can speak on what went wrong and how the negligent provider deviated from the most widely accepted standard of care.
They can also explain how the victim’s condition is consistent with the defendant’s mistake, thereby making it easier to prove causation. Proving causation is one of the most challenging aspects of building a medical malpractice claim because the victim virtually always had a preexisting condition.
4. Studies, Recalls, or Other Relevant Data
If your doctor used a medical device that was known to be defective or prescribed drugs that had been recalled, you should be able to use the associated data to bolster your claim. Depending on the circumstances, you may also have correspondence from the manufacturer in question. If that’s the case, make sure to preserve it, since it could help you prove liability.
There may also be a number of studies that contribute to your claim. If the mistake your provider made was fairly common, for example, other patients may have suffered similar harm. In such a scenario, you could likely use their version of events to strengthen your own action.
Speak with a Houston Medical Malpractice Attorney
If gathering the kinds of evidence mentioned above sounds overwhelming, don’t worry; you don’t have to go it alone. For help with every aspect of your claim, from investigating the incident to negotiating for a settlement, turn to Chelsie King Garza, P.C.
Attorney Garza is a compassionate professional who has successfully handled complex personal injury actions and litigated in both state and federal courts. To schedule a free initial consultation with this Houston medical malpractice lawyer, call 713-893-8808 or complete the Contact Form on her website.
