All medical malpractice cases are very involved. There are usually a lot of parties, such as the doctor, anesthesiologists, nurses, physician assistants, nurse practitioners, the hospital, any practice groups related to the parties, and other related entities. This means there are a lot of papers which are exchanged back and forth. This generates voluminous sets of papers. But there are some crucial pieces of evidence that are required to help prove your case.
The most important evidence would be your medical records. This includes your treatment notes, surgical notes, admission chart, discharge report, any diagnostic tests, x-rays, MRIs, and other related documents. These medical records are not just for the possibly negligent healthcare provider, but also your other healthcare providers before the negligence. This creates a baseline to use to show the jury that you are worse off now after the negligent healthcare provider’s work.
Stemming from medical records, it is common for x-rays, MRIs, c-scans, and other imagery to be blown up into large poster boards. This can show the injuries larger for the jury to see better. The actual slides can be used to show the jury what the healthcare provider actually saw. This is important in failure to diagnose cases or surgical malpractice cases.
Additionally with poster boards, it is common to have medical illustrations. These medical illustrations look like what you may find in a textbook, but they are customized to your case. They can be used to show what an x-ray showed, and then how the healthcare provider attempted to proceed. For instance, in a spinal fusion case the medical illustrator could use the pre-surgical X-rays to draw the body and the spine. Then the medical illustrator could draw where the surgeon is making the incision and operating from, showing how the surgeon should not have done from that direction because he or she would hit the spinal cord and cause permanent injuries.
Other evidence in New York medical malpractice cases are expert witnesses. Experts are needed in a medical malpractice case to provide the standard of care and demonstrate how the defendant breached the standard of care. This is in the form of testimony, and commonly the expert will use the medical record and even some poster boards. This type of evidence is very important and almost always needed in a medical malpractice case; this is make or break for your case.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.