Medical malpractice cases are notoriously difficult to win. Even if the plaintiff was in fact a victim of medical negligence, it is not always easy to prove that negligence occurred.
The medical record is a vital piece of evidence in a medical malpractice case; however, this record is often missing important information. Sometimes parts of medical records are lost and therefore cannot be used as evidence.
The challenge of collecting evidence is just one reason why medical malpractice victims should seek the help of an experienced personal-injury lawyer. Your attorney will assess medical records, interview medical staff and witnesses, and arrange expert testimonies.
Your injury lawyer can also help you avoid mistakes such as overlooking certain damages or accepting a low settlement.
If you were injured by a negligent doctor, nurse or pharmacist in Louisiana, turn to Morris Bart, LLC. An injury attorney in Monroe will evaluate your case, answer your questions and help you understand the laws related to medical negligence.
Our firm has been representing the injured for more than 30 years, and our attorneys have the knowledge, resources and experience to help you recover the maximum compensation. Schedule a free consultation today by calling 800-537-8185.
Read on to learn about three important types of evidence in medical malpractice cases:
As previously mentioned, the patient’s medical records are usually essential evidence in a medical malpractice case. The details in these records often determine whether the lawsuit will be successful.
Although important details are often omitted from these records, an experienced personal-injury lawyer will know how to fill in the gaps. This is often accomplished with the sworn deposition testimony of the defendant.
For a free legal consultation, call 800-537-8185
Sworn Deposition Testimony of the Defendant
The sworn deposition testimony of the negligent doctor, nurse or pharmacist can provide important insight into the cause and nature of the medical error. If the defendant’s testimony contradicts the medical record, then this could reduce the defendant’s credibility, which may work in the plaintiff’s favor.
According to Louisiana State University, in order for a medical malpractice claim to be successful, the plaintiff will have to prove that another doctor with the same specialization would have behaved differently in the same situation, and this would have led to a better outcome. It is usually necessary to bring in a medical expert to explain why a doctor’s actions were negligent.
The only exceptions are cases when surgeons leave sponges and other tools inside patients during procedures.
Medical experts are usually from another state because doctors often are not willing to testify against physicians in their own state. It is important that you find an attorney who has access to highly qualified medical experts. Otherwise, it is possible that the expert testimony could do more harm than good.
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