(845) 802-0047While suffering from a condition, illness or disease may be difficult on its own, the injury could become even worse when it is compounded by the negligent actions and behaviors of a physician or medical professional.
Recovery time may be extended, medical bills increased, and an individual’s mental and emotional state might be strained. Help is available with a seasoned medical malpractice attorney. By carefully examining the facts of the case, properly filing a lawsuit, and collecting evidence in a Troy medical malpractice case, a dedicated medical malpractice attorney could help an injured individual seek compensation.
The Importance of Evidence Collection in a Medical Malpractice Case
A medical malpractice case is only as strong as the evidence presented. The evidence is used to show the judge and the jury the circumstances of the injury, how it occurred, why it should not have occurred, and how the plaintiff has suffered due to the negligence.
If the plaintiff’s attorney cannot produce strong and conclusive evidence proving the medical professional’s negligence and how it is the proximate cause for the plaintiff’s injuries, the claim will not be considered valid. If there is not sufficient and reliable evidence, the case may be thrown out or ruled in favor of the defendant.
The Phases of Evidence Collection
Medical malpractice case evidence collection is a process, similar to the lawsuit itself. There are three basic phases to collecting evidence, which a skilled attorney could use to build a case to pursue damages.
Initial Review Phase
The process of evidence collection begins with the initial review state. During this time the plaintiff’s attorney could obtain their medical records and speak to medical experts to determine the validity of the evidence.
Discovery Phase
The plaintiff’s attorney could gather key witnesses, medical experts, and the defendant in the case to complete depositions. Depositions refer to the gathering of evidence in preparation for trial. This could include a witness’s testimony which would be similar to testifying in open court. During the deposition, the plaintiff’s lawyer will ask witnesses questions under oath about facts of the case. Their testimony could then be used if the case goes to trial.
Trial Phase
In the trial phase, the attorney for the plaintiff will present the entirety of their gathered evidence to the court. Given the potential complexity of pursuing an injury claim, medical malpractice plaintiffs who are interested in collecting evidence for a case are advised to consult an experienced Troy attorney.
The Statute of Limitations in Troy
Under New York Civil Practice Law and Rules section 214-a, the plaintiff’s attorney must file their claim within two years and six months of their injury. If the plaintiff does not file their claim within New York’s statute of limitations, they may lose their ability to seek compensation.
Collecting evidence is also time-sensitive. Physical evidence could be destroyed, and memories of witnesses may fade. It is typically best to begin collecting evidence in a Troy medical malpractice case as soon as possible. The sooner a potential plaintiff hires a skilled lawyer, the sooner they could build their case.
How a Medical Malpractice Attorney Could Help
Collecting evidence in a Troy medical malpractice case is vital in supporting a lawsuit. Gathering evidence, deposing witnesses and proving negligence could be a complex process. A well-practiced attorney could speak to other medical professionals to determine the validity of the claim. The lawyer may then collect clear and convincing evidence that may prove the physician or medical entity’s negligence. This evidence could help show the jury how the physician’s negligent actions are the proximate cause of an individual’s injuries and caused significant damage.