When diagnosing and treating patients, there are countless ways for providers to deviate from the most widely accepted standards of care. Doing so may constitute medical negligence, and the consequences can be devastating. Thankfully, patients who end up suffering an injury or complication as a result of medical malpractice may be entitled to damages.
Although every claim is unique, most rely on similar kinds of evidence, because all claimants must ultimately prove the same three elements: liability, causation, and damages. If you were the victim of medical malpractice, you’re probably wondering what kinds of evidence you will need to present in order to win your case. While the outcome of your case will depend on a variety of factors, chances are you will need the following:
1. Medical Records
Your medical records, including diagnostic images, hospital logs, and prescriptions, will undoubtedly provide the foundation for your claim. As such, you should get in the habit of requesting your own copies of all relevant documentation at every appointment.
2. Statements from Your Various Providers
Statements from both the provider who made the error and the one who treated the resulting complications will contribute to your claim. Depending on the circumstances, it may also be necessary to obtain statements from other members of your medical team.
3. Expert Witness Deposition
Practitioners who didn’t actually treat you but are well-versed in the same specialty as the defendant can speak on how his or her actions—or lack thereof—constituted a breach of duty. If you’re unsure how to find reputable specialists who are willing to bolster your claim, a resourceful medical malpractice can help.
4. Financial Logs
When it comes to valid personal injury claims, Indiana allows for the recovery of virtually all associated damages. A successful case can yield compensation for everything from medical bills to lost wages.
Before you can seek a single dollar, though, you must prove that you did, in fact, incur such losses. Therefore, you’ll want to save all bills, receipts, and invoices that correspond to your injury-related expenses.
5. Detailed Journal Entries
Indiana doesn’t limit personal injury payouts to economic damages. Claimants are also entitled to seek non-economic damages like mental anguish and loss of enjoyment in life.
Since such damages won’t have any corresponding documentation, however, you’ll have to find another way to demonstrate their extent. This is where a personal injury journal can help.
As soon as you suspect you were the victim of medical malpractice, start a journal. Detailed entries about how the complications are hurting your quality of life will help illustrate your non-monetary losses.
Speak with a Lafayette Medical Malpractice Attorney
At Ball Eggleston, we’re not afraid to go up against even the largest health care institutions. If you were the victim of medical malpractice, we’ll help you gather the evidence needed to prove negligence and the value of all associated losses. Call (765) 742-9046 or fill out our Contact Form to schedule a free consultation with a medical malpractice lawyer in Lafayette.
The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.