Medical malpractice suits are difficult to win simply because your medical records - the records you need to prove your case - have been written and compiled by the doctor whose services are in question. While most doctors won't lie to cover up any evidence of wrongdoing, they can use language that makes it difficult to determine if any wrongdoing has occurred. Fortunately, the law recognizes that medical records are not a reliable tool for obtaining hard evidence. And there are several ways you can present evidence and prove your case without using your medical records to do so.
The "Res Ipsa" Doctrine
There is a legal doctrine called "res ipsa loquitur," which basically means that the thing - in this case, the injury - speaks for itself. While you may not have records showing the mistakes your medical team made and how you became injured, your injury might be the only evidence you need. You see, certain types of injuries only occur in the face of negligence. If your attorney can subpoena experts to testify that negligence must have occurred in order for you to sustain your particular type of injury, you may be able to prove your case.
Use of Damaging Devices or Medications
If your doctor used a questionable medication or device that subsequently injured you or contributed to your injury, you can use this as proof in your case. The law recognizes that doctors have superior knowledge about devices and medication because they receive information directly from the manufacturer. For this reason, the court recognizes that the doctors have the responsibility of matching the right products with the right patients.
Standard of Care and Treatment
There is a standard of care in all health-related situations, which means that patients can expect a certain standard of care from medical professionals regardless of their individual circumstances. When proving malpractice cases, attorneys will often compare the accepted standard of care to the actions of the defendant. If the defendant deviated from the standard, they can be found negligent or liable. Attorneys establish standards by calling in one or more medical experts to testify as to what type of care a patient should expect under the circumstances.
While you may not be able to find a smoking gun in your medical records, you don't necessarily have to. There are other types of evidence you can use to prove your medical malpractice case. If you think you've been injured due to negligence, call an attorney (like Marzella RJ & Associates) right away to discuss your rights.
Share23 February 2015
When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.
