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Victim of Medical Malpractice?
When the duty of care entitled patients is breached by healthcare professionals, it's more than just a mistake.
The unfortunate truth is that it's not uncommon for doctors, hospitals, and staff to 'circle the wagons' after a medical error.
Substantiating a medical malpractice claims requires they be investigated, supporting documents collected, and the details obtained following the rules of evidence. [1]
Patients who suffered harm as a result of medical negligence have a right to the truth.
Mistakes in the healthcare setting that injure patients can give rise to medical malpractice claims if negligence was the root cause or contributed to the harm suffered.
Proving negligence can be difficult, and failing to show negligence could limit your ability to obtain justice.
Information Your Attorney Needs to Investigate
Provide Your Attorney The Following Information
All the details surrounding your health care received will be needed, but the first step will involve collecting information on each of the parties and healthare providers involved in your care. Once your attorney takes your case, the investigation begins.
This includes treatment providers, hospitals which provided care, pharmacies, nurses, doctors, emergency rooms and any other care providers which may be involved.
Your lawyer will need to know their identity information so they can be contacted and related documents obtained.
Any doctor office visit, therapy received, hospitalization or care provided throughout should be noted and included.
Claimants will be asked to provide the details of all doctor office visits, treatments, hospitalizations and interactions had with involved parties during the time in question.
The details of the treatments and care received along with the related medical history of the patient may prove relevant for the malpractice claim and should be reviewed.
- Personal Injury Lawyers
- Auto Accident Injury Lawyers
- Truck Accident Injury Lawyers
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- Slip and Fall Lawyers
- Traumatic Brain Injury Lawyers
- Motorcycle Accident Lawyers
- Workers' Compensation Lawyers
- Pedestrian Accident Lawyers
- Fatal Car Accident Lawyers
- Wrongful Death Lawyers
Obtaining Your Medical Records
Your lawyer will obtain your medical records after a signed authorization for the release of protected health information is provided, following HIPAA privacy rules.
HIPAA Protected Health Information
Authorization for Release
- Medical records can be requested and obtained with a signed release. The records request will generally include the following: the name of the entity providing the records, the dates and description of the treatments the lawyer is requesting, the representing attorney and patients name and address, and the reason for the request.
- In the event a provider refuses to comply with a records request, a subpoena can be issued to obtain them.
A claim of medical negligence will revolve around the relevant documents and records.
Once the relevant documentation has been obtained, medical experts can be called upon to review the details. If a good faith basis for medical negligence is certified by a medical expert to exist, then proceeding with a medical malpractice lawsuit is an option.
Medical Expert Review
Medical professionals are obligated to provide care at least as good as a reasonably prudent healthcare provider would provide under similar circumstances.
Each case is unique, but the investigative process will revolve around the outline provided above.
The details and information of the case will be compiled and reviewed with the claimant. All relevant medical records and documents will be collected from the involved parties.
Medical experts will be used when necessary to assess documented evidence and help determine if, in fact, there exists a good faith belief that the defendant committed medical negligence. This is the investigative process used to determine the facts and build a charge of malpractice.
Types of Specialized Records
The following types of records are commonly kept by providers depending on a patient's illness. Documents include but are not limited to:
- Admitting History and Physical
- Doctor's Notes
- X-Rays
- Nurse's Notes
- Physician's Chart
- Hospital Charts
- Physician's Orders
- Operative Reports
- Lab Reports
Documents need to be obtained and organized in a timely fashion to assist in the expert review and analysis of case details.
Certificate of Merit
A growing number of states require claimants to obtain a certificate of merit before starting a malpractice claim. A expert is needed to review the medical records and ceritify that standard care practices were not followed, which resulted in the harm sustained.
Final Thoughts
Malpractice claims are often complicated matters, with unique details specific to each case. The investigative process provides for the collection and organization of evidence for review.
Ultimately it will be the story the documents and records paint which determine whether legal action is merited.
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