Principal Attorney
When you visit a medical practitioner for help, you expect to be taken care of and that your medical team will consider your best interests when treating you. Unfortunately, that doesn’t always happen. Sometimes, significant injuries can occur because of doctors’ or other healthcare providers’ actions or lack thereof. What do you do when the people you trust deviate from the accepted standard of care and cause you significant injuries and financial losses?
You can turn to an experienced medical malpractice attorney for help. At Civardi & Obiol, our personal injury team can advocate for you during this challenging time. Unfortunately, proving medical malpractice can be complicated. Building a case that proves medical malpractice and demonstrates why you deserve maximum compensation requires evidence. We want to help you understand what evidence is essential to building a compelling medical malpractice claim in New York.
What Is Medical Malpractice?
There is a lot of confusion over medical malpractice. Medical malpractice is more than a doctor or medical facility making a mistake. Whether we like it or not, mistakes happen. Medical malpractice goes beyond mistakes and errors. To prove medical malpractice, you must establish that your physician or medical provider failed to adhere to specific standards of care. You must show that by failing to follow these standards, your healthcare provider caused you to suffer significant harm and financial losses.
Would another similarly trained physician provide the same care under the same conditions and circumstances? If the answer is no, and you were harmed and suffered significant consequences because of the lack of care provided, you may be able to seek compensation through a medical malpractice claim.
What Evidence Is Important in Medical Malpractice Cases?
It can be challenging for a victim of medical malpractice to get their hands on the evidence and information needed to bolster their claim. The last thing most sick or injured individuals want to do while they’re recovering is go on a crusade for evidence. Accessing medical records, doctor’s notes, lab paperwork, and test results can be daunting and sometimes difficult. While you have the right to request copies of your medical records, jumping through medical office hoops to gather all the information you need can be tiring when you are coping with a significant injury or illness.
An experienced medical malpractice attorney can help. An attorney has the time, skills, and resources to locate and secure vital evidence before it can be lost or destroyed. Depending on the circumstances of your situation, an attorney also knows what types of evidence may be essential to building a solid claim. Examples of evidence that may be important in medical malpractice cases can include:
- Past medical records
- Current medical records
- X-rays, CT scans, and MRI tests
- Lab work
- Doctor or hospital notes
- Witness statements
- Photographs and videos of your injuries
- Expert witness testimony
- The healthcare provider’s record of prior malpractice claims
In many situations, an attorney needs to secure expert witness testimony from other physicians or medical professionals who can attest that your physician deviated from the applicable standard of care when treating you. Although these individuals were not directly involved in your care or treatment, they can provide valuable insight into how your medical provider injured you with their negligent actions. Combined with your testimony and other evidence, this testimony can paint a compelling picture pointing to medical malpractice.
Every medical malpractice claim is unique. A knowledgeable New York medical malpractice attorney can review your situation and identify what forms of evidence may be needed to craft a strong case in your favor.
Contact a New York Medical Malpractice Attorney Today for More Information
How do you know if you have a medical malpractice claim on your hands? The first step is talking to a trusted, experienced New York medical malpractice attorney. At Civardi & Obiol, we take the time to listen to you and review your situation’s specifics. We can advise you of your legal rights and outline the options that may be available for pursuing the compensation you need.
Contact our New York office today to start your free consultation.