What Types of Evidence Do I Need in a Boston Medical Malpractice Case?
Evidence is critical in every medical malpractice case in Boston. Proving that a licensed professional makes critical mistakes that other providers in the same situation would not have can prove challenging. Among the evidence you need is data that shows the provider owed you a duty of care, failed in that duty of care, and that their specific failure caused you to suffer injuries and losses.
A Boston medical malpractice lawyer will help you gather evidence to prove fault and hold those who caused your losses accountable. Consider the types of evidence that can help this process.
Medical Records
Medical records will establish that the provider was providing you with care at the time of the accident and, therefore, owed you a duty of care. Medical records such as the following will also demonstrate the type of care you received.
- X-rays, MRIs, and other imaging testing
- Diagnostic tests such as blood work
- Notes from a medical provider about observations, care steps, and treatments
- Medication logs demonstrating treatment protocols
Medical records provide a wide range of insight when an expert examines them. They can show if the provider took the expected steps that any other provider would take, or if they made critical mistakes.
Document Evidence in Medical Malpractice
Documentation of the accident and treatment process can also provide helpful insight. This might include medical bills you receive or records of charges to the insurance company. Additionally, proof of losses will also be necessary. That includes documentation that shows you missed work due to your extended medical injuries.
Your personal diary or a journal you kept that shows what happened to you during the treatment process can also be helpful. For example, if you kept a journal that shows how you felt, the type of care provided, or changes in your mental health during the process of treatment, that may help to substantiate your case and claim.
Testimonials from Those Involved
The statements of anyone involved can be valuable to you. That includes those statements they make to you at the time of the treatment, as well as care on an ongoing basis. Consider the following evidence:
- Statements by nurses, doctors, and other licensed professionals providing care at the time of the incident
- Sworn testimony from medical providers about the care they provided
- Expert testimony that shows whether or not the provider followed the expected standard of care in your treatment
- Statements from your family and friends who experienced the incident with you or can attest to your limitations
There is quite a bit of documentation possible in these cases, and no small detail is unimportant during this process.
Acting in Time Matters
One of the most important reasons to speak to a Boston medical malpractice attorney is their ability to find this evidence, know how to look for it, and determine how to build your claim. The statute of limitations in a medical malpractice case in Massachusetts is 3 years, which offers ample time. However, the longer you wait, the harder it can be to track down this critical information.
Work with a Boston medical malpractice attorney to gain insight into your rights. Your lawyer will help you find the network of resources available to help you build your claim.