How Can Someone Ensure That Their Case Is Not Dismissed for Lack of Evidence ?

Medical malpractice takes place when a healthcare professional, like a doctor, nurse, or hospital, deviates from the accepted standard of care. That means they acted in a way that a reasonably competent provider in their field would not, causing harm to a patient in the process. Proving those elements – that there was a deviation from the standard of care and resulting harm – is essential for a successful medical malpractice suit, and a skilled Maryland medical malpractice lawyer will help you find and use all the evidence that can prove your case.

How Can Someone Ensure That Their Case Is Not Dismissed for Lack of Evidence?

In a medical malpractice lawsuit, the injured patient (the plaintiff) has the responsibility to prove that their case satisfies all the necessary legal elements. They must demonstrate their healthcare provider failed to offer adequate care, and, consequently, they experienced harm. Failing to meet this burden of proof could result in a court dismissing the case, even if you believe you were truly the victim of malpractice. A strong medical malpractice case requires several forms of evidence working together. These can include:

Medical Records

Your medical records detail the care you received, any diagnoses, treatments, test results, and even communications with your providers. These offer a timeline of events and can reveal details like missed diagnoses or questionable treatment choices.

Expert Witness Testimony

Medical experts review your case and can provide insights on the professional standards within their field. Through expert testimony, the jury can see if your provider truly did deviate from the norm. Experts not only establish negligence but help explain complex medical details, and a good medical malpractice attorney will have a network of these experts to call upon. Learn more here about how to find a skilled malpractice lawyer.

Documentation of Damages

Proof of actual harm is needed, not just proof that a mistake was made. This proof might include evidence of physical pain, additional medical bills, lost wages (past and future), and documentation describing how the malpractice negatively impacted your quality of life.

How to Preserve and Collect Evidence for Your Medical Malpractice Case

Taking certain steps can protect your right to compensation. You’re entitled to a complete copy of your medical records from any provider who treated you in relation to the potential malpractice, so get those. It’s best to act on this quickly. If your malpractice resulted in ongoing pain, emotional suffering, or a change in your lifestyle, track these elements daily through a diary or journal. Record your pain levels, how this limits activities, and document the emotional impact it’s having on you.

Keep a careful record of medical bills, prescriptions, lost income statements, and any other expenses triggered by the malpractice. You’ll also want to think through potential witnesses. Anyone who observed treatment decisions, the incident itself, or how the aftermath is affecting you may be a valuable witness. Get their contact information promptly and talk to your lawyer about it.

Contact a Medical Malpractice Lawyer

Medical malpractice law is some of the most difficult law to work through, so having an early consultation with an experienced attorney gives you professional guidance right from the beginning. Attorneys specialize in gathering the specific evidence required for this sort of case and can advise you on how to act to optimize your legal position.

Additional Factors in Maryland Medical Malpractice Cases

Maryland has additional considerations that influence medical malpractice claims and which you should know about.

The Certificate of Merit

Shortly after filing a claim, you must get an expert medical professional to produce a written and signed certificate declaring your case likely has merit. This serves to weed out frivolous lawsuits.

Statute of Limitations

Maryland sets time limits for filing a medical malpractice case. Generally, actions must be initiated within three years of the harm being evident or five years from the act of malpractice itself, whichever is shorter. There are exceptions to these rules, but they are rare. You’ll need to talk about this with your attorney to find out if any might apply to you.

Tips for Maximizing Evidence in Your Case

To make your case as compelling as possible, consider these additional tactics:

Seek Second Opinions

If you suspect malpractice, get an independent medical examination by a different doctor. This may provide a contrasting perspective and could help to uncover mistakes. It also provides another set of medical records.

Avoid Delays

Acting quickly is so important: witnesses’ memories fade over time and records can be harder to acquire. Also, remember those Maryland time limits. Missing those can bar your right to sue entirely.

Document Everything

Write down any relevant conversations, dates of appointments, and names of doctors or staff involved. Even things that seem small could eventually play a significant role in proving your case.

If you suspect there’s been malpractice, follow the tips above and get in a contact with a qualified attorney as soon as possible.