(845) 802-0047The end result of a medical malpractice lawsuit depends largely on the quality of the evidence used. However, the process of gathering evidence for such a case can be arduous and complicated, often requiring a comprehensive understanding of New York’s medical malpractice laws and regulations. Collecting evidence in a Newburgh medical malpractice case usually requires extensive research and a full understanding of medicine and the law.
Retaining an experienced medical malpractice attorney could not only take this weight off your shoulders, but it may also increase the chances of you being given a fair settlement or jury award when your case goes to court. Schedule an appointment as soon as possible.
What Type of Evidence is Key in Newburgh Medical Malpractice Cases?
Attorneys for the plaintiff in a medical malpractice case could use evidence to help piece together the complex puzzle a jury may be examining. However, collecting evidence in a medical malpractice case in Newburgh could be a monumental task. When developing a medical malpractice case for a plaintiff, there are three key pieces of evidence that should typically be focused on.
Medical Records
These are often the most vital pieces of evidence in a medical malpractice case and typically should be updated entirely. Notes from attending and specialty physicians, discharge paperwork, treatment plans, surgical notes, lab results, surgical notes, test results, and pathology slides could all be used as evidence in a medical malpractice case.
Expert Witnesses
The burden of proof generally lies with the plaintiff in a medical malpractice case. Expert witnesses such as doctors and medical professors typically must be called upon to support the fact that a doctor did not meet the standard of care and that they subsequently caused an injury to the plaintiff. An expert witness could show the court how the standard of care was not upheld and speak to how the act of malpractice caused the plaintiff’s injuries.
How Could Medical Journals and Articles Be Used as Evidence?
Some cases may require the use of highly esteemed medical journals to prove negligence. These articles are frequently trusted to show the current standard of care in a certain set of circumstances and may set a precedent for care. Malpractice attorneys could also use medical literature when cross-examining medical experts provided by the defense.
Filing Deadline
In order to provide sufficient time for gathering evidence and building a strong Newburgh medical malpractice case, it is important for potential plaintiffs to contact a skilled medical malpractice attorney as soon as an injury is discovered. Under New York Civil Practice Law & Rules §214-a, plaintiffs in New York medical malpractice cases have a time limit of two years and six months to file their claim in civil court.
Prior to filing a case, attorneys may need time to gather evidence to support the validity of their claim. Waiting too long to contact reliable legal counsel could delay the filing of a case and possibly lead to that case becoming time-barred due to the statute of limitations.
How an Attorney Could Help with Collecting Evidence in a Medical Malpractice Case in Newburgh
A seasoned attorney generally has the resources to help with collecting evidence in a Newburgh medical malpractice case. It is important to understand how instrumental the correct legal representation could be in your case. A well-versed attorney could also be familiar with what types of evidence may be effective in proving that a medical professional failed to treat you with the appropriate standard of care. Learn more about filing a medical malpractice case by calling today.