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The success or failure of any personal injury case hinges primarily on the amount and quality of evidence you have to support your claim for compensation, and cases revolving around medical negligence are no exception. Unlike many other types of personal injury litigation, though, malpractice lawsuits tend to require extensive documentation not only of the losses you have suffered and the misconduct which caused them, but also of what the applicable “standard of care” was under the circumstances and who specifically was involved in providing that care.
Needless to say, this makes collecting evidence in Philadelphia medical malpractice cases a uniquely challenging process, one that you will struggle to handle effectively without professional legal support. By working with a seasoned medical malpractice attorney from Lowenthal & Abrams, you will be able to streamline the evidence-gathering process to the fullest extent possible and then make effective use of that information in pursuit of the restitution you deserve.
Preserving Records of Treatment Received
Of course, the first prerequisite for any kind of personal injury claim, including those centered around the negligence of a medical professional, is establishing that you were in fact injured—or, as the case may be, became seriously ill—in the first place. For Philadelphia medical malpractice cases, important evidence to collect typically includes all available notes from physicians regarding the treatment you received and your progress with recovery, diagnostic test results, medical history charts, and discharge summaries from hospital visits.
Speaking with Qualified Expert Witnesses
Once you have proven you are dealing with a significant physical problem, you will then need to show that this problem stemmed directly from a doctor failing to meet the same standard of care that any equally qualified physician would have provided under the same circumstances. Testimony from expert witnesses who are qualified to speak about standard medical practices for the type of treatment you received will be the cornerstone of your argument here—not just out of practicality, but also because of requirements set by state law.
Valuing Economic Damages
The process of collecting evidence for a medical malpractice lawsuit in Philadelphia must also account for the compensable losses you wish to recover compensation for. You will need official documentation of expenses like medical bills, the costs of assistive equipment like wheelchairs and other disability-related expenses, lost work income, and other “economic” damages if you want to effectively demand reimbursement for them.
Establishing the Existence of Non-Economic Losses
Likewise, if you want to recover for subjective forms of harm stemming from malpractice like physical pain and psychological distress, you will need evidence to establish how bad those losses are and what amount of money you deserve for them. Since these are inherently qualitative losses that lack objective financial values, qualitative evidence such as personal statements and testimony from family and friends can be crucial in seeking recovery for them.
A Philadelphia Attorney Can Take the Lead in Collecting Evidence for a Medical Malpractice Case
This is far from a comprehensive summary of all the information you may need to support a lawsuit or settlement demand over medical misconduct. What should be clear, though, is just how much information tends to be needed for a case of this nature, as well as how challenging it can be to find, organize, and effectively present it before an insurance company or civil court.
For that reason, among many others, seeking assistance from a capable medical malpractice lawyer should be your top priority if you want to build the strongest possible claim. Call Lowenthal & Abrams today for help collecting evidence in your Philadelphia medical malpractice case.
