Surgical errors are a serious issue and, while rare, can happen: here in Baltimore, MD and elsewhere! When making a case to prove your injuries or poor outcome are the result of malpractice or human error on the part of your surgeon, there are some key pieces of evidence that will help your surgical error lawyer to make your case and prove negligence.
Medical Malpractice Law in Baltimore, MD: 7 Pieces of Evidence That Can Help Your Surgical Error Lawyer Win the Case
1. Medical and Hospital Records
Medical records, and records from the hospital at which you were receiving health care, are among the top pieces of information you'll need to help your lawyer win your case. Medical records, which are by their nature legal documents, are essential to a medical malpractice or surgical error case because they will help you prove that the doctor or surgeon had a duty of care towards you and that they made an error by breaching the standard of care.
These records can include doctor's notes, records of any tests performed or drugs administered, hospital records that demonstrate which doctors were assigned to you, and more. Anything that will help your lawyer recreate what went on before, during, and after your care at the hospital will be essential to winning your case and proving the hospital's liability for your injuries.
2. Diagnostic Test Results
Much like the records mentioned above, diagnostic test results can help you and your lawyer to reconstruct the details of the case, and to show where and when any mistakes or errors were made. Diagnostic test results could include anything from x-rays to blood tests, MRI scans to colonoscopies, and much more.
3. Video Evidence
This may not always be possible, but some hospitals (particularly those that function as learning hospitals for doctors and surgeons in training) will record certain procedures, leading to the existence of evidence in those cases in which errors are made. If video evidence does exist and is relevant to your case, it can be very strong evidence for your lawyer to have on hand.
4. Statements from Witnesses
Hospitals are busy places, and as such there are often many other individuals around who could be called on to testify as witnesses to the events detailed in your case. This could include other doctors, medical students, orderlies, or even other patients that were in the room with you during procedures or discussions with your surgeon or doctor. Being able to collect statements from witnesses can really help to build your case.
Another type of witness you might call on to make a statement would be an expert witness. This would be a medical expert who would review the details of your case, including all of the records and evidence mentioned above, and will then make a statement as to whether they believe an error was made or a treatment deviated from what a surgeon or doctor would reasonably do in those circumstances.
5. Physical Evidence of the Injury
Depending on the specific circumstances of your case, this could involve actual visual evidence of the injury at the moment, or photographs and videos of the injury after the error was made. This could also include scars left from unnecessary operations, for example, or damage due to a post-operation infection caused by the surgeon's error.
6. Other Evidence That Proves Damages or Losses
Some evidence that proves an injury related to a surgical error might not be physical, but will still be important. This could include economic losses due to not being able to work after your injury, the cause of which could be physical, but can also be emotional or mental suffering as a result of the error made in your care. Evidence showing an economic loss, or corroborating the emotional toll you have taken, will help demonstrate your real losses.
7. Testimony and Records Related to Your Experience of the Injury or Incident
A surgical error is a deeply personal experience and one which can cause a lot of physical and mental anguish. Allowing the jury to hear from you, the victim, can help them to understand the real-life effects of the case in question, though that testimony can be difficult for the victim. When choosing a Baltimore surgical error lawyer to represent you, it helps to choose one who navigates the emotional challenge of this with empathy and compassion.
Being the victim of a surgical error or medical malpractice can be a traumatizing event, and though a successful surgical error suit may not reverse the damages and injuries caused, it can at least help to financially compensate you for them. Keeping these key pieces of evidence in mind when discussing a case with your lawyer can help your lawyer to win the case.