Critical Evidence to Collect Before Filing a Medical Malpractice Lawsuit in Cleveland July 5, 2012.

The idea of pursuing a medical malpractice claim against a physician, surgeon, nurse, or hospital can seem intimidating. Not only will you have to go up against the defendant’s lawyers, you will need to prove that a mistake or negligence caused your injury, disability, or disfigurement. Attorney Chris Mellino welcomes you to contact our Cleveland office with any questions you may have about an injury, a potential claim, and how to gather evidence. You may also download or request Chris’ free, easy-to-read guide to filing a claim in Ohio.

Evidence in Your Medical Malpractice Claim

Depending on the circumstances, it may be a challenge to prove that a doctor acted in a negligent manner and caused your injury. In order to establish this, you will need evidence that shows the following:

  • a medical provider owed you a standard duty of care;
  • that duty of care was breached or violated;
  • the breach or violation directly caused your injuries; and
  • your injuries were severe enough to warrant legal action.

Evidence showing a healthcare provider owed you a standard duty of care would be any medical statements or records that clearly indicate you were under his or her care.

To prove a breach or violation of that duty, you will need documentation such as:

  • physical evidence (your injuries);
  • medical history/records;
  • documentation related to your treatment or procedure;
  • results from imaging or lab tests;
  • notations/documentation indicating diagnosis; and
  • testimony from other medical staff.

Your attorney may hire an expert to testify that a doctor’s actions or lack thereof were enough to cause injury. He or she could also testify as to what a similarly trained doctor would have done under the same circumstances. This can help your case significantly.