Whether you’re visiting the hospital for a routine check-up or an emergency situation, you hope the healthcare professional you will meet has the skills and competence to take care of your medical needs. However, mistakes happen. And when a healthcare provider’s mistake exacerbates your situation or leads to an injury, you may hold them liable through a medical malpractice claim.
To litigate your claim, however, you need evidence that proves the validity of your case. Such evidence must prove that:
- There was a doctor-patient relationship between you and the healthcare provider
- The healthcare provider failed to uphold their duty of care to you
- Because of the failure, you suffered verifiable injuries
Here are some of the evidence you need to prove your medical malpractice claim:
Your medical records
Medical records are perhaps the most important piece of evidence in a medical malpractice lawsuit. It shows the condition you were originally diagnosed with, the treatment you received as well as what happened thereafter. It’s not merely enough to claim that your doctor was negligent. You must demonstrate that their negligent action or inaction resulted in specific health complications.
Basically, this is another doctor’s testimony that attributes your injury or health complications to medical negligence. This expert testimony ideally explains how your injury might have happened, how the injury is likely to impact the quality of your life as well as the kind of treatment you need to recover.
Even if you have a strong case against the healthcare provider, your claim may be refused if you do not act within the statute of limitations period. In Louisiana, you have one year from the date of your injury to file a medical malpractice claim.
A doctor’s single act of misjudgment can turn your life upside down. To prove your case, however, you must demonstrate that their actions amounted to medical malpractice. This involves providing evidence to show that the doctor did something wrong that resulted in your injuries.