Important Documents to Support Your Medical Malpractice Claim

 
When faced with medical malpractice, people tend to resort to legal aid. If you or someone you know requires such assistance, be sure to get in touch with attorney Russell Berkowitz. Dealing with the aftermath of medical malpractice can be an unnerving experience, which is why having the right help can make all the difference. This guide highlights some critical documents you may need to have when pursuing a medical malpractice claim in Connecticut.

Medical Records and Bills

Medical records are arguably the most important documents when proving a medical malpractice claim. These include ER records, doctor's notes, diagnostics, procedures, medical bills, receipts, and prescribed medicines.

Medical records serve several purposes. Firstly, they highlight the cause of the conditions for which a victim seeks treatment. Secondly, they serve as evidence of compensable damages, which is required to recover compensation. They can also help prove that you sought appropriate medical treatment after an injury in case the opposing side tries to use treatment gaps as a reason to deny or lower the value of your claim.

Photos, Videos and Text Messages

Your smartphone is an excellent tool for documenting evidence in a medical malpractice claim. This documentation can be in the form of photos and video footage of injuries from the day of discovery to the progression of recovery.

 
This way, you create a narrative that the court can easily follow in determining the impact of the injury on your life. Besides photos and video, you may also want to save any text message correspondences with the parties involved. Be sure to safeguard the photograph metadata (which records the time, date, and place of the picture).

Photos, videos, and text messages are only reliable if they are dated. Smartphones date all the files they create or receive, so you may not have to worry about that if you are using one for record keeping.

Employment Records

If you sustain injuries that keep you from working, you have a right to compensation for the lost wages. However, claiming that your injuries resulted in days off work or lost wages is not enough; you will need to prove it with evidence, which is where employment records come in.

 
These records highlight the days and hours missed off work, your hourly remuneration, and benefits. Insurance adjusters then use this information to calculate lost wages. Under Connecticut law, an employee is entitled to up to 75 percent of their wage as compensation if they stay off work due to their injuries.

Witness Statements

Witnesses provide critical insight into the events leading up to an injury, and documenting their accounts is a good idea.

 
In medical malpractice cases, witnesses may not necessarily witness the medical error in real-time. Still, they can offer perspective on when it happened and its effects on your life. For example, a caregiver may be the first person to notice a drug reaction in a patient and, as such, can act as a witness.

 
Expert witness opinions also provide a professional and unbiased opinion of your injuries and their connection with human error. Sometimes, you may have to document their opinions in your case or have them come to the stand to face cross-examination.

In Conclusion

Having the correct documents is only half of the job. The other half is organizing the documents and evidence to build a winning case. Employing the right legal help can make your case and advocate for your best interests.

There is almost no chance of winning fair compensation in a medical malpractice claim without the help of a lawyer because of the technicality, so irrespective of how compelling you think your evidence is, it is absolutely vital to employ a lawyer.