Collecting Evidence for a Medical Malpractice Claim in Florida

Before a medical malpractice attorney can prove a case, they must first collect evidence to support their claim. Each medical malpractice case is unique. The evidence necessary to prove a claim can vary, but it must relate to the plaintiff’s medical treatment. If you believe you have a viable civil suit, collecting evidence for a medical malpractice claim in Florida can be made easier with the help of seasoned legal counsel.

Medical Records

Medical files are the most important pieces of evidence in malpractice cases. Records of a claimant’s treatment could play a crucial role during litigation. For example, x-rays, visit reports, CT scans, and diagnostic reports could all be used to establish medical negligence in court.

Medical records for most procedures can be voluminous. For severe or long-lasting conditions, there could be thousands of pages of records. Reviewing these documents can be made easier with the help of an experienced lawyer.

Reviewing medical records takes time, and obtaining them often costs money. Duplicating documents can cost as much as $1 per page. For large files, an attorney could spend thousands of dollars just for the opportunity to review medical records for evidence of malpractice.

The digitization of medical records presents additional complications. Few medical records are written by hand at this point, and computer software is responsible for most record keeping. There is plenty of useful information that could be gleaned from a patient’s digital records.

Expert Testimony

Collecting evidence for a Florida medical malpractice claim must include obtaining an affidavit from a certified expert who has experience in the same field as the defendant doctor. The specialist’s affidavit would explain why they do or not believe that malpractice occurred. A plaintiff typically provides this affidavit to the defendant when they provide notice of their malpractice allegations.

Medical Journals

Medical journals are authoritative texts on a specific subject. There are hundreds of journals, each covering an area of medicine in great detail. These journals are primarily for teaching and serve as reference tools for medical professionals, but they can play a valuable role in a malpractice trial.

Some states treat medical journals as admissible evidence that an attorney can read to a jury in addition to expert testimony. While Florida law does not all allow this type of use, these journals are still helpful reference tools at trial.

Under certain circumstances, a lawyer can question an expert medical witness about a journal’s contents. For example, if an expert gives a medical opinion that is not consistent with the conclusions drawn in a medical journal, the attorney may be able to question the expert about why their opinion differs. This could offer substantial insight to the tribunal and involved parties.

Bills and Receipts

Another important factor in a medical malpractice case is establishing the value of the plaintiff’s damages. A claimant could use medical bills, receipts, and invoices to establish the value of their economic damages.

Let an Attorney Assist with Collecting Evidence for a Medical Malpractice Claim in Florida

Every patient deserves peace of mind when they receive medical care. If you suffered a medical injury due to a healthcare provider’s negligence, you may have the right to seek compensation.

When it comes to a malpractice claim, there is no time to waste. Reach out to a lawyer from our firm for assistance with collecting evidence for a medical malpractice claim in Florida.