Types of Evidence in a Medical Malpractice Case Washington, D.C. Personal Injury Lawyer
To win a medical malpractice case, your attorney must show that the doctor was negligent in his or her care. Negligence must be established by a preponderance of the evidence.
To do so, he or she will have to prove that:
- The doctor had a legal duty to provide care
- The doctor breached his or her duty
- The violation of the duty caused your injuries
Introducing evidence is a valuable tool that your attorney will likely use to strengthen your case.
Medical records are a primary source of information that help establish your story. You will need documents that show your original condition and treatment received, including X-rays, MRIs, CT Scans, and reports from any surgeries. Your attorney and his or her staff can order the necessary records from each provider.
A good attorney will probably convert your records into infographics and easily intelligible images. As the saying goes, “a picture is worth a thousand words.” The human brain is built for visual information. It takes only 13 milliseconds for the brain to process an image, and it does so at a rate that is 60,000 times faster than text.
However, complex medical terminology can be helpful. In these instances, your attorney will likely call forth an expert witness who will have specialized knowledge. His or her knowledge and background grants the person authority to speak about the injury without having witnessed it. For a spinal injury, you may bring in a neurosurgeon. For a shoulder injury that required surgery, you may bring in an orthopedist. Experts are utilized to (a) explain what happened (b) explain what would have happened if a competent and reasonably skilled provider had conducted the surgery and (c) the damage occurred because of the professional’s failure to provide treatment in alignment with applicable legal standards
In fact, expert testimony is required in some states when the subject matter is beyond the ken of the average layperson. Further, an expert witness can be used to rebut the other party’s witness.
If you have been injured due to malpractice, you may be entitled to compensation. The experienced attorneys at Cohen & Cohen have litigated malpractice cases in the D.C., Maryland, and Virginia area for nearly thirty years. Contact us today at (202) 955-4529, or fill out the contact form on our website to set up your free evaluation.