Collecting evidence in a Poughkeepsie medical malpractice case is typically vital to the success of a claim. Without reliable and credible evidence, plaintiffs generally cannot prove that their physician failed to provide them with treatment that aligned with the standard of care for the industry. They may also not be able to prove that their injuries were the direct result of the deviation from this standard.
In short, without proof of malpractice, a medical malpractice case could fail. However, an experienced medical malpractice lawyer could examine the case and work to demonstrate how a medical provider’s negligent action caused an injury.
What Are the Most Common Types of Medical Malpractice Evidence in Poughkeepsie?
As with most types of civil cases, evidence typically must be provided to the jury and the defending parties to show what caused the patient’s injuries. Evidence collected in a Poughkeepsie medical malpractice case often consists of several different components, each of which may play a different role in enforcing a case’s validity.
Depositions are similar to testifying under oath in court. Video or printed records of the depositions from medical professionals may help fill in the gaps that may be found within a patient’s medical records. However, deposition testimony may also contradict what is in the medical record of the plaintiff.
Medical records generally should be obtained as soon as possible in a medical malpractice case. The medical record typically is also a legal record that could be used as evidence in court. These records may show a comprehensive picture of the patient’s condition before and after the malpractice occurred.
Written interrogatories are an effective way to get witnesses to put what happened into their own words. This type of evidence could be especially useful for supporting the plaintiff’s claims if there is some dispute over the finer details of what happened to them.
Attorneys may sometimes rely on respected recent medical publications to show that a doctor or other healthcare professional failed to act in accordance with the standard of care. As most attorneys are not doctors, these publications may be immensely helpful in revealing what other doctors would have done in similar situations.
Is There a Statute of Limitations for Filing a Malpractice Claim?
Someone who has suffered a medical malpractice injury should be aware that collecting evidence in a medical malpractice case in Poughkeepsie generally takes time. This process often begins prior to a case being formally filed as attorneys may need to do research to know that the plaintiff has a valid claim.
Under New York Civil Practice Law and Rules §214-a, plaintiffs in a medical malpractice case typically have a total of 18 months from the date of their injury to file a case. This is commonly referred to as the statute of limitations. The longer a potential plaintiff waits to hire a skilled attorney, the longer it may be before their case could be researched and filed.
Using Evidence to Support Your Medical Malpractice Claim
Collecting evidence in a Poughkeepsie medical malpractice case and presenting it to the court in a manner understood by a lay-person is an extremely important task. Failure to properly articulate points that support an argument and an inability to demonstrate how an injury might have been inflicted could significantly harm a person’s case. Contact a reliable medical malpractice lawyer and they could help you explain how the injury negatively impacted your quality of life.