What Evidence Is Needed to Prove Medical Malpractice in Kentucky?

A medical malpractice claim centers on an act of negligence that caused you harm.

In order to prove your claim, you and your attorney need to establish four core elements: duty of care, breach of that duty, causation, and damages. Essentially, this means you have to show the medical provider owed you a standard of care, but they failed to meet it.

As a result of that failure, you suffered measurable harm that included financial losses along with pain and suffering. You’ll need to gather documentation and expert testimony to prove those core elements.

Simply stating, “there was a surgical error” or “the doctor failed to diagnose me” is not enough to prove your claim. You need to break down the specific reasons and causes of those negligent acts. That often involves medical issues that are too hard for the average juror to understand. An expert witness can change that. They will be able to walk the jury through a timeline of what went wrong and how it should have been prevented.

Without that expert testimony, your claim lacks foundation and could be dismissed.

A certificate of merit is required to be filed alongside your medical malpractice claim.

This is a sworn affidavit that confirms you consulted with a qualified medical expert before bringing your claim. The certificate affirms that the medical expert reviewed your medical records and believes there is a reasonable basis for the lawsuit.

Filing this certificate is not optional. It’s mandated by Kentucky law.

When you set out to prove medical malpractice, you need two types of evidence: Proof of the negligent act and proof of your damages. These are some of the documents you’ll need to provide:

• Medical records
• Diagnostic tests
• Treatment notes
• Expert opinions
• Medical expenses
• Documentation of lost wages

These materials help establish what care was provided and how it deviates from accepted medical standards.

Your medical records are going to be the foundation of your claim.

They document your initial diagnosis and the recommended treatment. These records will often involve many specialists who were involved in your care. They will also detail the initial outcome.

A second set of records will provide evidence on the follow-up care you received after the medical error was diagnosed. When combined with initial records, it provides the full scope of what you experienced.

It’s not enough to show that a mistake occurred. Your evidence must also prove that the medical provider’s actions directly caused your injury. That is when expert witnesses play a vital role in establishing that link between the error and your injury. They’ll be able to clearly point to the moment when the error occurred and how it should have been prevented.

When filing a medical malpractice claim, it is essential to present the right evidence. You’ll first need to show that evidence to the insurance company that represents the medical professional. If you reach an impasse with the insurance company, you’ll file a lawsuit and present your evidence to a jury.

Bottom line: Your evidence needs to be rock solid.

The attorneys at McCoy & Hiestand, PLC know all too well what kind of evidence is needed to convince a jury. In addition to all the relevant medical records, we might commission detailed 3D animations of the surgical procedure to demonstrate how an error occurred.

We’ll also call on our network of medical experts to support every assertion in the claim.

If that sounds like a lot of work, it is. That is why we only take on claims that we believe have a strong evidential foundation. If you’re dealing with the aftermath of a doctor’s negligence, we want to hear what happened.

Call to set up a free consultation, and let’s discuss what needs to happen next.