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Seven Kinds of Evidence You Can Use to Prove Medical Malpractice

Seven Kinds of Evidence You Can Use to Prove Medical Malpractice

If you or a loved one has been injured due to the negligence of a medical professional, then you may be considering filing a medical malpractice claim. But in order to do so, you will need to provide evidence that proves your claim is valid.

Often, gathering evidence of medical malpractice can be a daunting task, especially if you do not know where to start and need to focus on your recovery. Fortunately, you can contact an experienced attorney to assist you with obtaining the evidence you need. Contact our Santa Fe medical malpractice attorney at Slate Stern Law to help you navigate the evidence-gathering process.

Seven Kinds of Evidence to Prove Medical Malpractice

Let’s review the seven kinds of evidence that can help prove medical malpractice.

1. Medical Records

The first type of evidence used to prove medical malpractice is medical records. This includes any reports, documents, or notes made by doctors and nurses related to the incident in question. These records can include information like diagnoses and treatments, changes in medications, progress notes, hospital discharge summaries, etc. Medical records are important because they provide an accurate timeline of events leading up to the injury or illness that occurred, as well as any follow-up care provided after the incident.

2. Hospital Records

The second type of evidence used to prove medical malpractice is hospital records. This includes any information related to the hospital stay, such as admissions and discharge forms, medication lists, laboratory results, radiology results (X-rays), operative reports (surgery), and other documentation related to the patient’s hospital visit. 

3. Expert Witness Testimony

The third type of evidence used to prove medical malpractice is expert witness testimony from physicians or other qualified healthcare professionals with expertise in the field relevant to the case at hand. Expert witnesses are often asked by attorneys representing plaintiffs in medical malpractice cases for their opinion on whether negligence occurred and what actions should have been taken instead by clinicians treating the patient involved in the case.

Note: New Mexico Rules of Evidence § 11-702 sets forth a list of requirements for expert witnesses who are qualified to testify in civil torts, including medical malpractice cases.

4. Other Witness Statements

The fourth type of evidence used can be other witness statements from individuals who were present at the time of injury or illness caused by malpractice. This could include family members or friends who saw the patient before or after they visited a doctor or nurse practitioner’s office or were present when something went wrong with their treatment plan while hospitalized or receiving care at a clinic.

5. The Patient’s Testimony

The most common form of evidence used in medical malpractice cases is the patient’s testimony. This involves providing details about what happened before, during, and after the incident that resulted in injury. It also includes any conversations with doctors or other healthcare professionals involved in the case. It’s important to provide as much detail as possible in order to strengthen your claim and make it easier for your attorney to argue your case effectively in court.

6. Photos and Videos of Injuries

Another type of evidence that can be used to prove medical malpractice is photos or videos that show the extent of injury caused by the doctor or healthcare professional’s negligence. Photos and videos should be taken shortly after an incident occurs so that any visible injuries can be documented accurately. Photos and videos may also help support the patient’s testimony if there are discrepancies between the two accounts.

7. Past Malpractice Claims Against the Provider

Finally, past claims against the same doctor or healthcare provider can be used as evidence in a new medical malpractice case. Looking into prior claims can reveal patterns of negligence on behalf of that particular doctor or healthcare provider, which makes it easier to build a strong case against them. Additionally, it helps strengthen your argument if similar incidents have occurred before with other patients who were treated by the same doctor or healthcare provider.

Get Help from an Experienced Medical Malpractice Lawyer

Proving medical malpractice requires strong evidence that shows clearly how negligence occurred and caused harm resulting in significant losses for patients involved in such cases. If you believe you have been injured due to medical malpractice, it is important to collect as much evidence as possible when filing a claim. Get help from our experienced medical malpractice lawyer at Slate Stern Law. Call (505) 814-1517 to get started.