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How do we prove a medical malpractice case?

How do we prove a medical malpractice case? The first step in the process is, we need to get our client’s medical records. If they’ve been in a hospital we need to obtain their hospital records. We need to carefully review those records then we need to present those records to what we call an expert. An expert in the proper specialty, to also go through those records, sit down with us and analyze those records to see if the doctor conducted himself or herself in accordance with the appropriate standard of care. That’s what the law calls it.

Did that individual do something that they weren’t supposed to do? Did that individual not do something they were supposed to do? Did that act or failure to act cause an injury to our client? Sometimes, however, even though that hospital record is supposed to be the patient’s best friend, that record doesn’t tell us everything. We have the right to presume if the doctor didn’t write it in the record, it wasn’t done. We will carefully look at these records to see what’s there, we will see if those records were even changed or altered. Sometimes, unfortunately, that happens. That’s real life and when that happens we want to discover that and show that in a court of law.

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