In Kentucky, medical malpractice is defined as “any act or omission by a healthcare provider that falls below the accepted professional standard of care, directly resulting in patient injury or death.”
That’s essentially legalese for, “your doctor messed up, and now you’re suffering.”
When it can be established that your doctor, a nurse, or the hospital is negligent and caused harm, you are entitled to seek compensation. That is when you need to speak with an experienced Lexington medical malpractice attorney. These types of claims are inherently complex and require the skills of an attorney who understands the laws and how to document proof of medical malpractice.
Essential Evidence to Gather for Your Malpractice Claim
Before you can proceed with your malpractice claim, you need to file a Certificate of Merit. This is an affidavit provided by a qualified medical practitioner who will review your evidence and verify that negligence occurred and caused an injury. For that to happen, you need to gather essential evidence in support of your claim.
Here are the evidence categories you need to focus on:
Medical Records
You need to request complete files from every provider involved in your care. Those records should include the following:
- Physician progress notes
- Discharge summaries
- Surgical or operative reports.
- Blood work
- MRIs
- X-rays
- Laboratory reports
- Prescription records
- Anesthesia logs
- Treatment plans
- Proof of Damages
In addition to your medical records that establish your treatment, you also need to provide proof of your damages. Those can be verified by the following:
- Bills and Receipts for medical expenses
- Pay stubs
- Tax returns
- A letter from your employer proving lost wages
Personal Documentation
In addition to the receipts and records, you can provide a personal timeline and context for your case. That documentation can include a journal in which you write down exactly what happened, including dates and times, conversations with medical staff, and how the injury has impacted your daily life.
Your personal documentation can also include photographs of the injury and any visible surgical complications, taken before and after the incident. You can also include testimony from family and friends who can attest to how the injury has impacted your life.
How to Request Your Official Medical Records
Your medical records will be vital to proving your medical malpractice claim. These records are protected by the hospital and the doctors as they should be. However, because they are your records, you are entitled to obtain copies of those files.
Your fastest option is to log into your provider’s digital portal. For instance, you can access UK HealthCare MyChart or St. Elizabeth Healthcare MyChart.
In addition to your medical records, you can also request the public health or licensure records of the medical providers. You can submit a request through the Cabinet for Health and Family Services Open Records Center.
To understand your rights to access or request your health files, you can review the guidance from the U.S. Department of Health and Human Services.
Why You Need an Experienced Attorney for a Medical Malpractice Claim
Not every encounter with a doctor will have a positive outcome. Try as they might, there are some ailments and injuries that are beyond the scope of any medical professional to heal. On the other hand, there are incidents of negligence.
This can happen due to poor communication between staff or a surgeon being overwhelmed, leading to mistakes.
In order to establish that connection between the negligent act and your injuries, you need extensive medical records, expert testimony, and a thorough investigation into what happened. That is a lot to take on by yourself. Fortunately, the legal team at McCoy & Hiestand, PLC has already handled cases of this type.
Our attorneys understand how to identify critical evidence that may otherwise be overlooked. We rely on a network of medical professionals to provide a thorough analysis of all the relevant medical records. Those experts will go on to provide the mandated Certificate of Merit that needs to be filed with your claim.
Once your claim is filed, the settlement negotiations begin.
We know the importance of finding a fair resolution. We’re also honest with our clients about the challenges that we’ll face and the timeline. These are not the type of cases that can be solved in a few weeks.
If you believe you or a loved one has suffered because of medical negligence, you do not have to navigate the process alone. The attorneys at McCoy & Hiestand, PLC have experience investigating complex medical malpractice claims and advocating for injured patients throughout Kentucky.
Reach out to the firm today for a free consultation to discuss your case and get your questions answered. You don’t have to take on this battle alone.
