What Evidence Is Important In An Atlanta Medical Malpractice Case?
If you’ve been a victim of medical malpractice in Atlanta, you can file a medical malpractice claim and recover compensation. However, when you file a medical malpractice claim, the burden of proof rests with you. This means it is up to the plaintiff to prove the elements of a medical malpractice case, which are:
- a medical professional-patient relationship existed;
- you received care that was below the expected standard of care; and
- the care you received caused you injury.
In Georgia, the burden of proof in a medical malpractice case is a preponderance of the evidence. This means you have to prove that there is a greater than 50% probability that your claim is true. This is a lower standard than that required in criminal cases, but it can still be challenging to meet this burden. That is why it is crucial to work with a medical malpractice attorney. A skilled lawyer can help you understand the types of evidence you need to prove your case. They can help you gather the evidence you need to win your case. Below is a look at some of the important evidence in an Atlanta medical malpractice case.
Medical Records
Medical records can include, among others, doctors’ or nurses’ notes, prescriptions, evaluations, and test results. An experienced medical malpractice lawyer can help you gather all the medical records you need for your case.
Under HIPAA, patients have the right to access their medical records and grant their attorneys authority to secure them. Even if you have unpaid medical bills, you have the right to access your medical records. However, when you request a hard or soft copy of your medical records, you may be required to pay a fee.
Expert Witness Testimony
As stated earlier, in a medical malpractice case, you must show that the care you received was below the medical standard of care. A medical expert can help prove this. They can help prove that a competent medical professional in the same field and situation would have acted differently.
It is crucial to note that, because medical professionals are often unwilling to testify against medical professionals in their state, you might need to find a medical expert from another state. An attorney with access to medical experts in different states can be beneficial in such a case.
Testimony of Family Members
Testimony from the patient’s family members is typically very important in medical malpractice cases. Family members often testify about the patient’s doctor visits and compliance with doctors’ instructions. Family members also provide testimony that establishes the amount of damages that should be awarded. Where the patient survives, family members can testify about the impact of the negligence on the patient’s everyday life. Where the patient dies, family members testify about the value of the decedent’s life and how the death has impacted them.
Contact an Atlanta Medical Malpractice Attorney Today
To get help with your medical malpractice case, contact our experienced and dedicated Atlanta medical malpractice attorney at Carroll Law Firm. With our years of experience, we can help you gather the evidence you need to prove your case and secure fair compensation.
Source:
law.cornell.edu/wex/preponderance_of_the_evidence#:~:text=Preponderance%20of%20the%20evidence%20is,that%20the%20claim%20is%20true
