Medical malpractice lawsuits are based on the belief that a health care provider did something negligent and that a patient was injured as a result. There are 2 reports that will make or break any medical malpractice case.
First, a medical malpractice lawsuit depends on what the records or reports say concerning treatment. This includes both the original treatment when the alleged malpractice may have occurred and the follow up treatment to treat the injuries from the original treatment.
Treatment records should include all treatment records such as:
emergency room records
x-ray/MRI/CAT Scan reports
notes from surgical procedures
physical therapy records
The records from the original treatment should show what action was taken or not taken by the medical provider. The records should also include data showing why certain actions were or were not necessary. An expert witness will review all of the records from the original treatment and rely on them to determine, in part, if there was negligence.
The expert will not only look to see if a medical action/procedure was accomplished correctly, but also look to see if the data suggests that another medical action should have been taken or should not have been taken. While the patient may believe that one thing was done wrong, the expert witness may find that something else was actually done wrong. The records from the initial treatment are vital because, often, they are the only way than an expert witness has to know what happened or didn’t happen.
As you can see, it is important for the records from the original treatment be accurate. If they leave out vital information, then it may difficult to determine what really happened and to determine whether or not there was malpractice.
An expert witness will also rely on the medical records for the treatment of the injuries suffered in the original treatment. The witness will look to see if the injuries and treatment are consistent with the injuries that were suffered from the original treatment. If everything is consistent, then it helps prove that there was medical malpractice during the original treatment.
Second, medical malpractice lawsuits depend on the medical bills from the treatment to treat the injuries from the original treatment. The reason that these medical bills are important is that, as part of proving a medical malpractice claim, the patient must prove that he or she actually suffered an injury. If there was not an injury to the patient, there was not medical malpractice regardless of what the medical provider did or did not do. The medical bills help prove that an injury was suffered. Also, the medical bills show an “out of pocket” cost of the injury even if the medical bill is paid by insurance.
The above information is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.