When healthcare providers fail to meet the standard of care and cause harm, it is considered medical malpractice. Medical negligence can leave you and your loved ones with emotional and physical trauma on top of considerable financial strain from mounting medical bills or lost wages.
There are a variety of medical scenarios that can bring medical malpractice and harm to a patient, but at the end of the day, it takes concrete evidence to ensure that your claim isn’t a case of he said, she said. The complexity and sensitive nature of medical malpractice takes evidence and documentation to pursue a legal claim.
Medical records play the most crucial role in a medical malpractice case as they provide comprehensive documentation of your medical history and any treatments the patient may have received. Medical records can establish what went wrong in a patient's medical treatment that caused harm. While these injuries and suffering are real, it will take evidence to file a strong claim with an experienced medical malpractice attorney to represent you in court and bring your family justice.
What Information Do Medical Records Contain?
Medical malpractice cases are strengthened by the details outlined in a patient’s medical records. While these records can prove the negligence of the medical staff, they need to be reviewed by an experienced attorney. Reviewing your medical records to narrow down the evidence that is presented in court to the relevant information is crucial to utilize the evidence to ensure justice.
Records can contain crucial information such as:
- Evidence of the injury
- Doctor’s notes
- Imaging
- Diagnostic test results
- Medications administered
- Vital signs
- Doctors who attended to the patient
- Doctors that were consulted
- Supervising hospital staff
- Surgical video recordings
- Photographs
These medical records are the most important part of any malpractice case, as they recreate what was happening to the patient. Experienced doctors and malpractice attorneys understand how to analyze these medical records to establish the negligence of the medical staff.
How Medical Records Can Help Prove Medical Malpractice
Medical malpractice brings suffering to the patient and also breaks down the faith of the patient. Seeking justice to ensure the negligent staff who caused you harm is your right. Obtaining your complete medical records will ensure you have concrete evidence to prove malpractice. The medical records can help objectively recreate what happened during and after the patient’s medical care and establish a critical timeline. Proving to the court the medical errors that the medical staff made, the timeline in which the errors were made, and how the problem was missed by so many medical staff ensures you can receive the compensation you need to recover.
Medical records can help prove medical malpractice by:
- Documenting symptoms that were ignored by the healthcare providers
- Establishing that the diagnosis or treatment was inappropriate for the condition of the patient
- Revealing that tests or procedures were not performed in a timely manner
While a patient’s testimony of their suffering can be powerful, it's the hard evidence that medical records provide that can ensure a medical malpractice case is successful. These medical records can be the objective evidence that supports your claim and establishes a link between the healthcare provider’s actions and the injuries you suffered.
The Role of an Attorney in Obtaining Medical Records
The need for these medical records in your case cannot be overstated. These records can provide a comprehensive and objective history of a patient’s medical treatment and interactions with healthcare professionals who failed them in their time of need. They are essential for establishing the lack of care, any liable parties, and to calculate any damages. Because these records are so vital to a successful case, you may find it challenging to obtain them in a way that will benefit you in court.
You can face significant challenges when it comes to obtaining your records, such as:
- Incomplete records
- HIPAA regulations
- Multiple providers
- Formatting issues
- Delays from providers about record requests
An attorney can manage your medical record retrieval process and ensure that everything is examined by a professional for your case. Our team at Bailey Cowan Heckaman will be able to help your family navigate retrieving these vital records so they can be used to seek compensation, whether through settlement negotiations or even court proceedings.
Protecting Your Rights: Contact an Experienced Attorney
Medical malpractice attorneys can provide intimate knowledge of malpractice claims and be able to represent your family’s best interest in any legal setting. Bailey Cowan Heckaman has over 30 years of practice holding negligent parties accountable for the harm they cause - including doctors who can cause such trauma to their patients. When you want to find a compassionate firm with the skill and experience to help you, call on BCH.
If you or a loved one has suffered from a medical professional’s negligence, you can contact Bailey Cowan Heckaman to explore your legal options.
