What Medical Proof Do I Need for My Malpractice Claim?

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You may have been wronged by your trusted medical provider in your complicated birth delivery, your delayed diagnosis, or otherwise your unwelcoming hospital stay. Under circumstances such as these, you may be strongly considering a medical malpractice claim to recover financial compensation for the injuries and damages you were left with. This requires a significant amount of evidence that this malpractice incident occurred in the first place. Continue reading to learn what pieces of medical proof you need for your legal action and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you collect it.

What circumstances need to be true in my medical malpractice case?

Before proceeding any further in your legal action, you must confirm that you have a legitimate medical malpractice claim to start with. Typically, a plaintiff is eligible to bring such a claim forward if they can prove the following circumstances as true:

  • You were the patient of the medical provider in question, and they therefore owed you a duty of care.
  • The medical provider in question breached their duty of care, as they fell below the standard of care established by their peers.
  • You were left with injuries and damages as a direct result of this medical provider’s breach of their duty of care.

What pieces of medical proof do I need for my medical malpractice claim?

It is not enough to simply claim that the aforementioned circumstances occurred. Rather, you must support your claim with relevant pieces of medical proof. This has to do with your burden of proof as a plaintiff of a medical malpractice claim. Without further ado, it is helpful to gather and submit the following evidence:

  • Copies of any appointment notes, treatment notes, and test results.
  • Copies of surgical recordings or any other relevant photos or video footage.
  • Copies of prescriptions for the medications and therapies needed to treat your injuries and damages.
  • Copies of medical bills that show the cost to treat your injuries and damages thus far, along with your projected future expenses.
  • A doctor note’s on the date and time on which you incurred your injuries and damages, along with their extent.
  • A personal statement on how and when you first discovered your injuries and damages from the medical malpractice incident.
  • An expert statement by a medical professional who can affirm the validity of your claim.
  • A witness statement by an individual who saw your medical malpractice incident play out.
  • A statement by a family member, friend, caregiver, clergy member, etc. who knows how your medical malpractice incident has diminished your quality of life.

For these reasons alone, you must consult with a skilled New York City medical malpractice attorney immediately. Our team at Mark L. Bodner, P.C. is happy to advise you.