Medical malpractice cases are some of the most challenging personal injury claims a person can make. There are many outcomes of medical treatment that aren’t positive for the patient, but that doesn’t automatically make it a case of malpractice.
In order to prevail in a medical malpractice case, you need to prove negligence. That will depend on having the proper supportive evidence.
It is vital to partner with an experienced Louisville medical malpractice lawyer to guide you on what type of evidence you need to gather to prevail in your case. There is also the issue of time to be concerned with. The Kentucky statute of limitations in medical malpractice cases is one year from the date of the incident or the date you discovered the error.
The attorneys at McCoy & Hiestand, PLC, have helped many clients prevail in medical malpractice claims. You can present your preliminary evidence in your initial consultation with our attorneys.
If we agree to work together, we can help you expand and gather more supportive evidence.
The following post details the evidence you’ll want for your medical malpractice claim.
What Evidence Do You Need for a Medical Malpractice Case?
The more evidence that you can gather in support of your claim, the stronger your claim will be.
Here are some of the evidence types that you should gather:
Medical Records
Your medical records are going to be the foundation for your malpractice claim. You will have access to the following records:
- Test results
- Prescriptions
- Discharge summaries
What you might not have immediate access to is your doctor’s notes. Your attorney can obtain those.
Journal of Your Symptoms and Treatments
It would be helpful if you kept a detailed journal of your symptoms and treatments. You might start this journal after you’ve discovered your injury, but it is essential to track your medications, procedures, and doctor visits related to the incident.
This journal can also detail how the injury has impacted your life. You can detail your level of discomfort each day and what you’re missing out on.
Financial Records
The goal of filing a medical malpractice claim is to be compensated for any financial losses that can be attributed to the injury. For example, if your medical malpractice claim involves a surgical error, you would only be able to seek compensation related to any corrective action as opposed to the original surgery.
Those financial records can include the following:
- Hospitalization
- Surgery
- Medications
- Testing
- Follow-up treatments
- Physical therapy
- Medical supplies
Your financial records should also include insurance statements that detail what was covered and what you had to pay out of pocket. You won’t be able to recover money that was already covered and paid out by your insurance. That is considered “double dipping.”
Witness Statements
There could be statements to support your claim from family, friends, or other patients who witnessed your treatment and the aftereffects. Those statements can reinforce key points, such as a lack of communication between you and your doctor.
Photos and Videos
Any photos or videos related to your injury should be included in your evidence. Those can demonstrate the progression of your injury and how it impacted your quality of life.
What Is the Certificate of Merit?
All of the evidence that you gather for your medical malpractice claim can be part of the certificate of merit that is required for these types of cases.
According to Kentucky law, a certificate of merit is an affidavit or declaration from a medical practitioner related to your injury who “has concluded based on review and consultation that there is a reasonable basis to commence the action.”
In other words, a certificate of merit verifies that your claim deserves to be heard based on the evidence you provided.
Getting Support for Your Medical Malpractice Claim
It might seem like an overwhelming task to gather all the necessary evidence for your case.
However, you must present the right evidence on time. If you miss the deadline for filing, you might not be able to seek any remedy. That is why you want to involve the attorneys at McCoy & Hiestand, PLC, as early as possible in your case. During our initial consultation, you can share your story along with any relevant evidence.
If we decide to move forward, we can review the evidence and determine what is missing. It’s essential to note that we will only proceed with a case if we strongly believe in its merits.
Call to schedule that consultation today.
