Collecting evidence in a Kingston medical malpractice case is often critical to constructing the foundation of their injury claim. If a potential plaintiff does not gather quality evidence, any opportunity they have to receive compensation for their damages may be jeopardized.

Alternatively, collecting timely and valuable evidence could increase your chances of recouping your losses. Reaching out to an experienced medical malpractice attorney who has a solid understanding of New York’s medical malpractice laws may be crucial to the success of your lawsuit.

Collecting Proof in a Hospital or Medical Professional Error Lawsuit

Since the plaintiff has the burden of proof in any medical malpractice case, they must bring strong and convincing evidence to the table. This could increase their chances of receiving a fair settlement or of a court awarding them adequate compensation for their injuries.

To help prove that the defendant is liable for the plaintiff’s medical malpractice damages, a skilled attorney typically searches for three key types of evidence, which include medical records and data, expert witnesses, and published studies about relevant topics.

Medical Records

Usually, the plaintiff’s medical records prove to be the most valuable type of evidence used in a Kingston medical malpractice case. Lawyers should request and receive the most recent and up-to-date medical records of the injured person, including:

  • Past and present pathology slides
  • Imaging studies
  • Lab tests
  • Treatment plans
  • Pharmacy records
  • Hospital records
  • Surgical notes
  • Notes from the attending and specialty physicians

Expert Witnesses

In conjunction with medical records, an injured person and their attorney should also be prepared to show that the defendant caused the plaintiff’s injury by failing to meet the standard of care. One way this could be done is with the use of expert witnesses. These individuals—typically licensed doctors or medical professionals—may be able to testify that the plaintiff would not have been injured were it not for the defendant’s malpractice.

Published Information

Another crucial aspect of collecting evidence in a Kingston medical malpractice case involves seeking out information published in respected and reliable medical journals. Published articles and studies can clarify the current standard of care which the defendant failed to meet while caring for the plaintiff. This evidence could also be useful to the plaintiff’s attorney when cross-examining medical experts presented by the defense.

The Importance of Timing When Gathering Evidence

The collection of evidence in a medical malpractice case can begin as soon as a potential plaintiff hires an attorney for their case. It could continue throughout the case process, up until and during trial or settlement negotiations.

However, potential medical malpractice plaintiffs should understand that, under New York Civil Practice Law and Rules §214-a, they are only provided with two years and six months from the date of their injury to file their case. If a person’s lawsuit is not filed within this time frame, they would likely lose their right to seek compensation for their injuries forever.

Get Professional Assistance with Medical Malpractice Evidence Collection in Kingston

Medical malpractice plaintiffs should focus on healing. While you recuperate from your injuries, a hard-working and dedicated attorney could take up the task of collecting evidence in a Kingston medical malpractice case. Call an accomplished lawyer today to learn what types of evidence could increase the amount of compensation you may be entitled to recover.