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When something goes wrong during medical treatment, determining what happened and whether legal action is appropriate often depends on the strength of the evidence. Medical malpractice cases rely on clear, organized documentation and testimony to support a claim. Let’s explore some common forms of evidence that can be used to build a case.
Medical Records and Treatment Notes
One of the most important sources of information in these cases is the patient’s medical records. These documents include charts, prescriptions, test results, and progress notes written by physicians, nurses, and other providers. Medical records help establish a timeline of care and provide a detailed picture of the procedures performed, medications prescribed, and observations made by the care team. If a claim involves an incorrect diagnosis, a surgical error, or a failure to follow up, these records are often the first point of reference. A medical malpractice lawyer will likely ask for medical records in the beginning of a case.
Test Results and Imaging Reports
In many cases, lab results, x-rays, MRIs, and other diagnostic images are key to showing what was missed or misinterpreted. Comparing tests taken before and after treatment may help show when a problem began or worsened. These reports also assist in identifying whether the standard of care was followed. Radiology reports, for example, may reveal that important signs were visible but not addressed. Such reports are also useful when working with a personal injury attorney as they can help them determine if the damage was solely caused by the accident or if damage happened during a medical procedure that could have easily been avoided.
Expert Medical Opinions
Even though this article avoids focusing on technical terminology, it’s worth noting that outside medical opinions are often used to review the evidence and compare it to accepted standards of care. A credible third party can help explain whether the treatment decisions made by the provider fell outside of what a reasonably trained doctor would have done under the same circumstances.
Witness Statements and Testimony
Witness accounts can support a patient’s claim by providing additional context. This might include statements from family members who observed symptoms or complications, as well as statements from other healthcare workers. In some instances, hospital staff or technicians who were present during a procedure can provide valuable insights. These firsthand accounts may help clarify gaps in written records or support the patient’s description of what happened.
Communication Records
Emails, patient portal messages, voicemails, and phone logs between the patient and provider are another important form of evidence. These can demonstrate what was communicated, how concerns were handled, and whether proper follow-up occurred. Miscommunications or lack of timely response may support a case where delays contributed to the patient’s harm.
Attorneys like those at Kelso Law can attest to the importance of gathering this evidence early and reviewing it carefully. The strength of a claim often comes down to the quality and organization of the supporting information. Call today to work with an experienced attorney!
