Medical Evidence

In a medical malpractice case the medical evidence is primarily contained in the medical records, the medical condition of the patient and the memory of the family. Initial analysis for merit in medical malpractice cases is often useful to make a quick decision on what might have occurred. Sometimes the Statute of Limitations is drawing near and a decision to file the case or not must be made. In a medical malpractice case there must be a deviation from or breach of the standard of care which proximately caused the damages.

First meet with the client and see what results have occurred. If the end result is not relatively significant then a complete analysis of whether there was a deviation from the standard of care or proximate cause between the negligence and the damages need not be done. This is so because of the cost and time involved in prosecuting medical malpractice cases. If the damages are small then the case probably won’t be worth doing if economic issues are most important. Each medical expert witness can cost between $10,000.00 and $20,000.00 if a case goes all the way through depositions and trial. Medical expert charges depend on the specialty of the expert and the complexity of the case.

If the damages are extensive then the case is worth investigating further. Get the medical records as soon as possible and have them reviewed by an experienced medical-legal consultant. Further details about this are for another paper but usually the medical specialist is not the right person for this job. The reason for this often times is that most experts are only trained in one area of medicine and are unable to appreciate other subtle points in the records. One must also be wary for what is missing from the records as they are often times “cleansed.” This is where a comparison between what the victim and the family say versus what shows up in the records can lead to collateral investigations which win the case. The lawyer must clearly establish what happened to the client and why. If the records don’t show that then something’s wrong. The truth must be derived collaterally. Never assume that doctors wouldn’t play with records. The rule is to Trust but Verify every single thing every single time.