Medical malpractice cases require you to provide detailed insight into how a healthcare provider failed you. Often, this means you will need evidence from expert witnesses as well as technical evidence.
Gill Ports Hoste LLC has been representing malpractice victims for decades, and our team members have more than 100 years of collective experience. We’ve also recovered over $500 million for our clients. We can help you gather evidence and maximize the chances of recovery in a Chicago medical malpractice claim.
You can give us a call today to schedule a free consultation with our Chicago medical malpractice lawyers or read on to learn about the evidence you need to prove malpractice.
Medical records and documentation
To prove a medical malpractice claim, you must demonstrate that the care your provider offered fell below the professional standard of care.
This means that, based on the circumstances, including their training, experience, and conditions under which you sought care, the provider’s acts or omissions were below the standard of what is considered reasonably competent.
You will need medical records to provide proof of where your provider went wrong. This means you should obtain:
- Medical records showing treatment you received before, during, and after the alleged malpractice incident
- All of your charts, including provider notes.
- Test results like lab work, MRIs, bloodwork, X-rays, and any other related testing
- Prescription information including details about medications you were prescribed
- Informed consent forms showing that you were informed about your treatments and provided consent
Your attorney can help you to obtain all of these documents so you can get the clearest possible picture of the care you received and the damage you sustained because of your provider.
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Expert witness testimony
Under 735 ILCS 5/2-622, you must obtain an Affidavit of Merit from a qualified medical professional. This is an expert who has reviewed the facts of your case and who determines that there is reasonable cause to move forward with your claim.
The medical expert who reviews your records and other notes about your case should be able to identify whether the provider’s care may have fallen below the standard of care.
Eyewitness testimony
Statements from nurses, staff members, and others who observed the care your provider offered can help to shed more light on what went wrong with your case and why your provider failed you.
Your attorney can take depositions from these witnesses and can typically require witnesses to provide testimony even if they would have preferred not to do so.
Proof of your damages
You are going to have to show that your provider’s failures were the cause of some type of harm and will have to show the extent of your losses that resulted from those failures.
You’ll need records and documentation to prove this element of your malpractice claim. This can include:
- Financial records showing treatment costs you owed because of the medical negligence
- Pay stubs and other proof from your employer of the time you missed from work, the vacation or sick days you took, and other details showing how your job was affected
- Expert testimony from vocational experts explaining the lasting impact of the medical negligence on your ability to work in the future
- Pictures showing injuries and damages
- A pain diary detailing how your quality of life has been impacted
The more evidence you have showing your losses, the stronger your claim.
Contact a Chicago medical malpractice lawyer today
Gill Ports Hoste LLC can help you build a strong claim to maximize your chances of recovery. Just give us a call or contact us online to schedule your free consultation and learn more about how we can help.