If you wish to recover damages, then you’ll need to build a strong medical malpractice case. Several key elements go into building a strong case, and an experienced attorney knows all of them well. Read on for an overview of some of the key factors that should help you build the strongest case you can, and contact a medical malpractice lawyer in Baltimore as soon as possible once you believe you have a malpractice case.
7 Keys to Building a Strong Case with Your Medical Malpractice Lawyer in Baltimore
1. Choose the Right Lawyer
The attorney you choose should be experienced in medical malpractice lawsuits, and they should have a track record of more wins than losses. Ideally, your attorney will have handled cases at trial so you can be fully sure they have the necessary experience in case you must go to trial.
Another thing you should consider is your attorney’s accessibility. They should be easy to contact, and it’s best if they’re local so you can get meet with them without too much hassle.
2. Determine If You Have a Malpractice Case
To get started, you’ll need to determine if you actually have a malpractice case. Check out this site to learn more about how to tell if you’re dealing with a medical malpractice case.
Let’s go over the basics. It must be evident that a formal doctor-patient relationship was present between you and the person treating you. You must then show that the care they provided was not up to the appropriate standards. Finally, you must show that the doctor’s failure to meet the standard of care caused the damages you’re claiming.
3. Show That There Are Damages Involved
You must show that there are damages involved in your case. For example, if the doctor’s negligence leads to you needing further medical treatment, then the cost of this treatment may be one of the damages involved in your case.
If you’ve been forced to take an extended leave from work to recover from an injury caused by the doctor’s negligence, then the income you’re missing out on may be considered one of the damages. If the doctor’s medical negligence caused you to develop a disability, then you may be entitled to damages for your mental anguish and future medical treatment.
4. Have Paper Evidence
Evidence is key to building a strong case. Evidence that you have a malpractice case, evidence that there are damages involved, and evidence detailing what kind of damages are involved are essential. Paper evidence, such as your doctor’s notes or your charts, may be very helpful in showing a mistake was made or that your doctor was negligent.
If all the charts and records are digital at the hospital or doctor’s office you attended, then this evidence will be just as crucial. However, having paper versions would be helpful, too. If you can’t access your charts and medical records, then your attorney may subpoena them to help build your case.
5. Get Expert Testimonies
Other physicians and medical experts may be asked to weigh in and give testimony during your case. They may testify that a more competent physician would’ve diagnosed you earlier. They may show strong evidence that you were misdiagnosed, despite the correct diagnosis being obvious. They may talk through a procedure that you underwent, showing how a careless mistake occurred at the hands of your physician.
What the experts may talk about varies depending on the situation of your case and what kind of medical malpractice you’ve been through. For example, a different expert may be needed to weigh in on a surgical error versus a birth injury.
6. Get Other Witness Testimonies
If a loved one or carer accompanied you to your medical appointments, then they may be able to testify regarding what happened during these appointments. For example, if your doctor failed to tell you about a surgical risk that ended up happening during a surgery you underwent, then the person who attended this appointment with you may testify regarding the doctor’s failure to disclose the risk.
7. Gather Evidence of Your Damages
There may be lots of evidence showing malpractice occurred, but that doesn’t mean there’s a lot of evidence that you suffered damages. Gather as much evidence as possible regarding damages. As mentioned earlier, copies of your medical records should be helpful. Copies of medical bills, payslips to show your current salary for lost income claims, and testimonies about your pain and suffering may be useful in building a strong case.
To build a strong medical malpractice case, you must show that your doctor breached their duty of care and didn’t provide an adequate standard of care. You must also show that you suffered damages because of the malpractice. Evidence supporting your claim will be very helpful for you when your attorney is attempting to build you a strong case.