How to Collect Evidence in a Medical Malpractice Case

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Many people injured in a hospital are unsure if they have a medical malpractice case:

  • For instance, a patient suspects the ER did something wrong.
  • Sometimes, the second medical professionals that do a follow-up surgery inform a patient that they should look into the situation because they have a prior serious injury.

If you believe you or a loved one have been the victim of medical negligence, contact our medical malpractice attorney immediately. Numerous governmental agencies, healthcare improvement groups, and scholars have identified that healthcare is in the midst of a patient safety emergency. The number of medical errors ranks as the third leading cause of preventable deaths in the United States, just behind heart disease and cancer. Preventable harm in hospitals contributes to the deaths of between 210K and 440K patients each year.

ProPublica set out to capture patients' stories and found that many described feeling victimized a second time by the way they were treated after experiencing harm. Only 13% said individual caregivers voluntarily disclosed the injury.

However, after placing trust in caregivers, many patients are surprised to encounter stonewalling, denial, and blame. In ProPublica's survey, only 1 in 10 people said the hospital or another facility voluntarily acknowledged the harm. Nearly the same proportion said the harm was acknowledged under pressure. Almost all the rest said they were ignored or the harm was denied. Getting an apology for a mistake or permanent injury was even rarer: Just 1 in 8 reported receiving one.

Carrying Out a Comprehensive Investigation for Collecting Evidence in a Malpractice Case

In Florida, hospitals and physicians have the duty to notify the patient or the patient's representative "in person about adverse incidents that result in serious harm to the patient." A reportable healthcare event in Florida is known as an "untoward" or "adverse incident," and the administrative rules for hospitals or physicians also define reportable outcomes from personal injury cases.

At The Law Offices of Sean M. Cleary, after we evaluate your situation, if you have a case and decide to proceed, we will begin a comprehensive investigation to collect evidence to support your medical malpractice claim, including:

1. Medical Treatment Records

We will obtain copies of all medical documents relevant to your malpractice claims, including:

  • Medical provider's notes
  • Laboratory test results (X-rays, blood tests, CT scans)
  • Prescriptions
  • Hospital admission and discharge forms

2. Hospital Records

Our law firm can also get records from the hospital or facility where you received substandard medical treatment. We will look for past instances of malpractice at the facility to help establish a pattern of negligence.

3. Medical Expert's Records

We will review the history of the medical team or medical professional who provided negligent care to search for other instances of similar medical malpractice damages.

4. Medical Bills and Receipts

Our injury attorney will work with you to gather all receipts and bills for the medical expenses you have incurred as a result of your medical issues, including co-pays, hospital bills, any medical procedure costs, and lost wages. This will allow us to determine the just compensation you deserve for your injuries caused by medical malpractice.

5. Personal Accounts of Your Injury Case

If you have not already done so, our experienced attorney advises you to keep a daily journal recording the struggles you are experiencing because of your medical issues, such as the pain and suffering you are dealing with, struggles with daily activities, and any loss of enjoyment of different aspects of your life. This will help us determine all forms of compensation you may be entitled to, such as economic damages, emotional distress, or punitive damages.

6. Interviews with Witnesses

We will seek out any eyewitnesses to the incident or series of incidents that led to your injury or illness. This could be key evidence as we attempt to settle your claim against medical providers or litigate your case in the courtroom.

The Law Offices of Sean M. Cleary Can Be of Assistance Regarding Your Malpractice Case

Many patients claim medical providers are not apologizing or accepting responsibility. They assert no one is being held accountable for the harm they endured and that they are dismissed or ignored by healthcare providers who seem more interested in avoiding legal liability than stating the facts and acknowledging what went wrong.

You can trust that our experienced medical malpractice attorney knows which expert witness to consult to get expert testimony and what questions to ask to build a solid case.

Sean M. Cleary is a proficient Miami medical malpractice injury lawyer and an expert at applying his long-term expertise to individual cases.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.