In Connecticut, as in every other state, you bear the burden of proof when bringing a medical malpractice claim. That means you have to prove that a health professional’s negligence harmed you.
This is legally known as the “preponderance of evidence” standard. As the claimant, you have to prove with evidence that the defendant was more likely to be negligent in their conduct, leading to the accident that caused you harm. The legal aspects can be challenging, and speaking to attorney Russ Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers can prove to be fruitful.
Keep reading to discover how specific types of evidence can strengthen your medical malpractice case and increase your likelihood of success.
Photos and Video
Visual evidence in the form of photographs and recordings can be very useful in a case of medical negligence. Photos are irrefutable proof of circumstances and outcomes, like capturing a disease’s progress after negligent care. When taken shortly after injuries, they can clearly show the extent and direct result of medical negligence.
A video recording of a procedure in which protocol has been violated can also be strong corroborative evidence that is difficult to challenge. These types of evidence substantiate statements and carry a stronger impact on a jury than can be achieved by verbal testimonies.
Medical Records as Proof
Medical records are also among the most critical pieces of evidence. These records can include everything from in-depth patient records, doctor’s notes, and test results to prescriptions and surgery routines. This trial, in its entirety, has a key role in proving what standard of care was owed and what was delivered.
They often include a chronology that shows when and where normal health care practice was departed from and can be useful in determining culpability. Jurists consider such evidence very credible because it amounts to a formal record by health care providers.
Witness Statements
Witness testimonies provide background and professional information. First, there are eyewitness testimonies. These are individuals who saw the harm occur or were with you through your suffering. They testify about what they witnessed, using human factors to prove credibility and corroborate documented reports.
The second set of witnesses are expert witnesses. Expert witnesses have a critical role in interpreting advanced medical facts into a form that explains how particular acts deviated from accepted norms in medicine and how they impacted patient outcomes.
The authoritative voice of expert witnesses carries a great deal of weight in making technical details intelligible to laypeople, who constitute a jury.
Historical Incident Reports
Past incident reports against a practice or a professional in consideration can directly affect a current case of medical malpractice. Previous complaints and legal action against health care providers in a medical history can be informative because they can show a pattern of wrongdoing or negligence.
Even while the claimant may not have been successful, a history of repeated reports can show consistent problems in the practice. Juries interpret these patterns as non-accidental and have them factor into assessing a provider’s quality of care.
Gathering and Storing Evidence
The process of collecting and preserving evidence is critical and has to be started early to avoid losing useful information. Some critical steps include securing hospital records, photographing in connection with it, recording witness accounts, and reporting incidents before details or records are destroyed or tampered with.
An experienced attorney will have a clear idea about what facts would be useful to present a strong case and act accordingly to ensure they are not lost with time. Lawyers also handle evidence collection in compliance with the law to ensure it does not get invalidated in court, thereby saving your case from legal fiascos.
Choosing the Right Lawyer
Since medical malpractice cases require a high level of professionalism, the selection process for an attorney to handle such a case necessitates a thorough review of their qualifications and experience within this specialized area of law. Find a lawyer with a good background in such cases and who has a clear comprehension of health care regulations and standards. His or her skill in managing such complex matters will be essential in presenting your case effectively.