What evidence will I need to prove malpractice under medical negligence law?

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Question:

My wife recently gave birth prematurely to our son.  She was on medication for premature labor, which obviously did not prevent what happened.  Our son is in the Pediatric Intensive Care Unit and the doctors say he may experience adverse affects due to his premature birth.  What evidence will I need in order to prove negligence against the obstetrician?

Answer:

Medical malpractice is defined as a negligent act or omission by a medical professional that results in injury or harm to a patient.  The victim must prove that the standard of care was breached causing injury to the plaintiff.  Presenting and obtaining evidence are key components to winning a malpractice lawsuit.  Two of the most important elements are the discovery phase and witness testimony.

During the discovery process, the medical malpractice attorney will devote his time and efforts to gathering evidence to be used in the case.  This may include:

  • Medical records and history of the patient
  • Identities of all the witnesses involved
  • Family and friends who may have relevant information about the incident
  • Interrogatories which are a formal set of written questions submitted by one party to another to obtain what facts will be presented by the other side during trial

Testimony given during sworn depositions can play a vital role in determining liability, especially testimony from the doctors and nurses involved in the care of the patient.  It is the job of an experienced medical malpractice attorney to simplify the evidence presented so that a jury can understand the case and render the correct decision.  A medical malpractice lawyer will be able to ascertain the merits of your specific case.

Talk to a Medical Negligence Attorney for a free consultation where you can get qualified legal advice regarding your case.

Good luck.

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