To successfully win a Schenectady medical malpractice case, an individual will need a skilled attorney, witnesses, and strong evidence to back up their claim. In court, the individual will need to prove that their injuries were due to the negligence of a medical professional. An experienced attorney could help you with collecting evidence in a Schenectady medical malpractice case. Work with an accomplished medical malpractice attorney to pursue your injury claim.
Types of Medical Malpractice Case Evidence Collection in Schenectady
A lawsuit formally begins when an attorney files the medical malpractice complaint according to New York Civil Practice Law & Rules §304. After an attorney files the claim, collecting evidence is the next step, which is essential to any medical malpractice case. In a malpractice case, the burden of proof lies on the plaintiff and their attorney. A knowledgeable attorney could rely on different forms of evidence to help prove negligence has occurred. There are typically two main forms of evidence oral evidence and exhibits.
What Type of Oral Evidence Could be Used in Schenectady Malpractice Cases?
Oral Evidence is given verbally by experts and witnesses to a case. In some cases, this evidence could be an affidavit or a written statement. A subpoena could be issued which summons an individual to attend court. Examples of oral evidence include defendant sworn testimony and expert testimony.
For the former, the alleged offender will be questioned under oath by the plaintiff’s lawyer. The testimony is typed by a court reporter and is usually video recorded. If the case goes to trial, the attorney could use the defendant’s testimony as evidence. Testimony that goes against the plaintiff’s medical history will detract the credibility of the defendant.
In contrast, the testimony of another medical professional helps to prove how the defendant violated the standard of care. Medical experts who are of similar practice and background as the defendant may be deposed to help the jury understand how the physician or other healthcare provider was negligent.
What Are Evidential Exhibits?
Exhibits refer to physical evidence or documents that are submitted to the court, which most typically revolve around medical records. As per the Health Insurance Portability and Accountability Act (HIPPA) laws, the plaintiff will need to complete a medical records release form. This consent form allows the injured individual’s attorney to obtain the necessary medical records for their case. The attorney may also need to acquire medical records from multiple providers that date back.
Photographs, audio, physical objects, video footage, medical bills, and other evidence may also be used by a tenacious lawyer as oral evidence. An attorney experienced with Schenectady medical malpractice cases may help plaintiffs with collecting other forms of evidence to help fill in the gaps and details that may be omitted from the plaintiff’s medical records.
Rules for Evidence in Court and Inadmissible Factors
In a medical malpractice case, sufficient evidence must be presented to have a valid claim. There are two general rules when presenting evidence. It must be relevant and reliable. the evidence has to be relevant to the claim in over to be admissible. The evidence must directly relate to the injured individual and the specific event in the case.
It is important to remember that not all claims of evidence may be used in court. There are a few exceptions to evidence that may be used in court. As an example, the evidence may not:
- Be unfairly prejudice
- Mislead the judge and/or jury
- Waste time
- Use hearsay
Evidence Collection in a Schenectady Medical Malpractice Case is Vital
To win a medical malpractice lawsuit, the plaintiff’s attorney must prove that the physician or healthcare provider violated the current standard of care and that the plaintiff suffered injury and damages due to their actions.
Collecting evidence in a Schenectady medical malpractice case is an essential part of the lawsuit as it helps establish these the validity of the claim. The sooner you hire a lawyer, the more recent, and presumably reliable the evidence could be.