Trust in America’s medical industry is declining, according to the JAMA Network. Public trust in physicians and hospitals fell from 71.5% in 2020 to just 40.1% in 2024. When medical professionals fail to provide proper care, patients suffer the consequences.
If you or a loved one has been harmed due to medical negligence, gathering the right evidence is essential before meeting with medical liability attorneys. At Cummings Law, we know how to build strong cases for victims of medical malpractice. Our proven results and dedication to justice set us apart.
In this blog post, we’ll outline key steps to collect evidence, strengthen your claim, and prepare for your legal consultation.
Request Your Medical Records
One of the most important steps before meeting with medical liability attorneys is obtaining your medical records. These documents provide a detailed history of your treatment, including:
- Doctor’s notes
- Test results
- Prescriptions
- Discharge summaries
They serve as key evidence in determining whether medical negligence occurred. To request your records, contact the hospital or clinic where you received care and ask for copies. Under federal law, you have the right to access your medical records, but the process can take time.
You should be specific about the documents you need and check for any missing or altered information. Discrepancies, such as notes that don’t match your experience or test results that were ignored, can strengthen your case.
Here at Cummings Law, we understand how crucial medical records are in proving negligence. If you face delays or difficulties obtaining them, our team can help ensure you get the necessary documentation to support your claim.
Document Your Symptoms and Treatments
Next, keeping a detailed record of your symptoms and treatments can be essential in a medical malpractice case. While medical records provide official documentation, your personal notes can fill in gaps and offer a clearer picture of your experience.
You can write down your symptoms as they occur, noting their severity, duration, and any impact on your daily life. If your condition worsens or new symptoms appear, document them immediately. Also, you should track all treatments, including:
- Medications
- Procedures
- Doctor visits
These details can help identify inconsistencies between what was prescribed and what was actually done. They also show how medical negligence may have led to further harm. A well-organized log of symptoms and treatments can strengthen your case, providing additional evidence that supports your claim against a negligent medical provider.
Gather Bills and Financial Records
Medical malpractice can lead to significant financial strain, making it essential to keep track of all related expenses. Collecting and organizing your bills and financial records will help demonstrate the financial impact of medical negligence. You should start by saving all medical bills, including:
- Hospital stays
- Surgeries
- Medications
- Follow-up treatments
If you’ve needed additional care, such as physical therapy or home nursing, include those costs as well. Keep records of insurance statements, showing what was covered and what you had to pay out of pocket.
Beyond medical expenses, document any lost wages due to time off work, reduced earning capacity, or job loss. If you’ve had to hire help for daily tasks or make home modifications, include those receipts, too. These records serve as critical evidence in proving the financial burden caused by malpractice, helping to strengthen your claim for fair compensation.
Collect Witness Statements
Witness statements can provide valuable support for your medical malpractice case. If family members, friends, or other patients were present during your treatment, their accounts can help confirm what happened. These statements can offer details on:
- Medical errors
- Lack of communication
- Unusual behavior from healthcare providers
You should reach out to anyone who witnessed your medical care, including nurses or staff members who may have observed concerning actions. Ask them to write a detailed statement, including dates, locations, and specific events. If possible, have them sign and date their statement to add credibility.
Gathering witness statements can be challenging, but you don’t have to do it alone. Our medical liability attorneys can help identify key witnesses and ensure their statements are properly documented. With strong supporting evidence, you’ll have a better chance of proving negligence and securing the compensation you deserve.
Take Photos and Videos
Visual evidence can also greatly strengthen your medical malpractice case by showing the extent of your injuries, changes in your condition, or any physical signs of negligence. Photos and videos provide clear, time-stamped documentation that can support your claims.
It’s beneficial to capture images of any visible injuries, such as surgical scars, bruising, swelling, or infections. Take photos in good lighting and from multiple angles to ensure clarity.
If your condition worsens over time, be sure to document the progression with dated images. Videos can also be useful for showing limited mobility, difficulty speaking, or other ongoing health issues.
Additionally, you should photograph any medical equipment, prescriptions, or hospital surroundings that may be relevant to your case.
How Our Medical Liability Attorneys Can Help
We know that navigating a medical malpractice case can be overwhelming, but our experienced medical liability attorneys are here to guide you through every step. We understand the complexities of medical negligence claims and know what it takes to build a strong case.
We help gather critical evidence, including medical records, witness statements, and financial documents. If needed, we can connect you with medical experts who can evaluate your case and provide professional opinions on the standard of care you received. Our team also assists in negotiating settlements or representing you in court to seek the compensation you deserve.
Medical malpractice cases require detailed documentation and a strategic legal approach. With our experience, we ensure that no detail is overlooked.
Get Support With Personal Injury Malpractice
If you’ve suffered due to medical negligence, taking the right steps early can make a difference in your case. Our experienced medical liability attorneys are here to help you gather evidence, build a strong claim, and fight for the compensation you deserve. Medical malpractice cases can be complex, but you don’t have to face them alone.
Contact our skilled medical malpractice lawyers for a free consultation. We’ll review your case, explain your legal options, and work tirelessly to hold negligent medical professionals accountable.
Posted in: Medical Malpractice, Surgical Malpractice