If medical malpractice caused an injury, disability, disfigurement, or death, an attorney will ask you to collect evidence to help support your claim, since the burden of proof falls on the plaintiff’s shoulders.
Ultimately, your case will require:
- the injured patient’s medical history;
- the doctor’s professional records;
- all paperwork, including bills, related to the error in question;
- depositions from both sides;
- eyewitness accounts of what occurred, such as in the case of a surgical error or anesthesia overdose;
- follow-up medical care records (for instance, if you needed corrective surgery);
- documentation of the injured patient’s current state of health;
- physical evidence, including photos and/or video; and
- expert witness testimony.
Once you and your medical malpractice attorney have compiled this information, you will need to prove four factors:
- that the healthcare provider in question was legally obligated to treat you;
- that he or she violated this legal obligation by failing to adhere to an appropriate standard of care;
- that the doctor in question caused injury to the victim because of this failure; and
- that damages — physical, emotional, financial or otherwise — were incurred by the patient in question.
If you have questions about how to file a medical malpractice claim, attorney Chris Mellino welcomes you to contact our Cleveland office. You may also download or request Chris’ free, easy-to-read guide on how to file a claim in Ohio.