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Medical Malpractice

What Kind of Evidence Will You Need to Prove Your Medical Malpractice Case?

May 17, 2024

Medical malpractice cases are arguably the most complicated type of personal injury claim. One of the reasons for this is that medical malpractice can be difficult to identify. Another reason is that medical documentation can be very difficult to understand. Even if it would appear that you are obviously the victim of medical malpractice, you still have to prove your case. Knowing what evidence you need and how to get it will be vital to your success. If you have suffered harm at the hands of a medical provider, an experienced medical malpractice lawyer will know how to build a strong case so that you can get the compensation you need. 

Your Medical Records

Your medical records will be the foundation of your case. They can be used to document your symptoms, your diagnosis, and the recommended treatment. They will also document whether you were given enough information to provide your informed consent – whether your doctor explained the risks, the potential side effects, the likelihood of success, and alternative treatments. Your medical records should also document your recovery and any issues you experience following the treatment. We should also note that the records pertinent to your case may include records unrelated to your treatment. For example, allergies or other health issues may be relevant if you have a negative reaction to medication. 

If you believe you have been harmed as a result of medical malpractice, you should keep copies of whatever records you have. If you do not have the records you need, a medical malpractice lawyer will know how to get them. 

Your Medical Bills

If your case is successful, you may be entitled to financial compensation including any medical bills you incurred as a result of the medical malpractice. Depending on the harm you suffer, these bills could be significant. As a result, you want to be sure you keep copies of any medical bills you receive, including documentation of copays and deductibles that you had to pay out-of-pocket. 

Documentation of Your Lost Income

Medical malpractice victims may find themselves unable to work for a prolonged period of time or even permanently. If you can prove that your inability to work was caused by medical malpractice, you may be entitled to compensation for your lost income. You will need to provide documentation which may include tax returns for prior years and your pay stubs. A medical malpractice lawyer will know what documentation you will need to prove your lost income. 

Documentation of the Harm You Have Suffered

The pain and suffering you experience can be a significant portion of your claim. To be compensated for your pain and suffering, you will need to introduce evidence that demonstrates how your life has been affected. This can include the following: 

  • A diary that explains how the harm you suffered as a result of the malpractice impacts your life on a day-to-day basis
  • Statements and testimony from friends and family
  • Photographs or videos documenting your health

You may have to get somewhat creative in documenting the pain and suffering you experience. A medical malpractice lawyer can provide guidance and help you document your pain and suffering. 

Expert Testimony

The core of your case will be proving that your healthcare provider committed medical malpractice. Medical malpractice occurs when the medical provider fails to provide treatment that meets the established standard of care. That sounds straightforward enough, but the difficulty is that the standard of care will vary according to the circumstances surrounding your case. There is no clear law, regulation, or guideline that establishes the standard of care. Instead, you will likely need to rely upon testimony from an expert who can identify what the standard of care is in your case and how your provider failed to meet it. Expert witnesses can be expensive and difficult to find. An experienced medical malpractice lawyer will have access to a network of expert witnesses who can help you prove your case. 

Contact Ragain & Clark to Talk to a Medical Malpractice Lawyer Today

If you have been harmed as a result of medical malpractice, you may be entitled to considerable financial compensation. The attorneys at Ragain and Clark have been helping medical malpractice victims in Montana and Wyoming  get the compensation they need to rebuild their lives. To schedule a free consultation, give us a call at 406-651-8888 (Billings) or 307-388-6400 (Worland) or send us an email to discuss your case and how we can help.


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