As a person enters personal injury litigation with a healthcare provider, it’s important to know what kind of evidence a Los Angeles medical malpractice attorney would require. The matter of medical malpractice is one of science and costs to the patient, after all, and records are the basis for both.
First, understand that in some legal situations, such as with injuries incurred in motor vehicle accidents, the plaintiff (that’s you, the person seeking compensation for damaged caused) might handle medical records on his or her own. But that generally is for smaller claims, which of course have a much lower and less complicated burden of proof. For the most part, motor vehicle accidents are easier to understand than the highly scientific “moving parts” of medical malpractice.
Lawyers, court systems and the healthcare community are fairly sophisticated in southern California, and as such virtually require the professional engagement of a Los Angeles medical malpractice attorney. A medical malpractice attorney in Los Angeles is almost always retained for more complex situations involving medical treatment over time. A Los Angeles personal injury attorney who specializes in medical malpractice is experienced in the art of medical evidence search, understanding that records and expert testimony can come from a variety of sources.
Also, time is a critical factor in gathering medical records and bills. The California statute of limitations requires that action be brought within one year of when the injury is discovered, and three years from the date of the actual injury, making this is no small point. If a patient or surviving family members are dealing with ill health or bereavement, it is understandable that the responsibility for gathering evidence in a southern California incident would best be handled by a Los Angeles medical malpractice attorney.
Types of records depends on the case
The evidence needed for a case varies significantly by the nature of the medical injury. When it’s a working adult that is affected, the medical malpractice attorney in Los Angeles will have to verify current and potential future earnings lost due to the injury. Under California law, a stay-at-home spouse or parent also can be valued at fair market prices if they are incapacitated.
In the case of a birth injury, there are multiple factors relating to the pregnancy and neonatal care, communication between different healthcare providers, including neonatologists, obstetricians, perinatologists, rehabilitation doctors, gynecologists, pediatric neurologists, obstetrical nurses, life care planners and economists. Your Los Angeles personal injury attorney will review the prenatal charts to determine if genetic issues were identified or whether an amniocentesis was done during the pregnancy.
A patient’s own personal records matter as well. A patient or family member within close proximity of the patient and his or her medical treatment should write down their best recall of the sequence of events in as much detail as possible. This information is a valid consideration in a court of law for medical malpractice cases.
Records gathering also involves an analytical comparison. For example, records unique to birth injury litigation include a fetal heart monitoring strip, a printout of the baby’s heart rate relative to the mother’s labor pattern – important correlative factors that can determine the outcome of a case in combination with other circumstances and medical decisions made A good Los Angeles medical malpractice attorney will request neonatal records, as well as laboratory results from the first hours and days of the child’s life.
How the evidence is presented in court matters as well. Particularly with a jury trial, a skilled Los Angeles personal injury attorney will employ one or several tools to guide the jury to their decision. These can include:
- Videos of the patient in a compromised state, to illustrate how their day-to-day existence is limited by the injury
- Photographs, letters, cards and home videos of a deceased individual, to convey the sense of loss
- Technical illustrations of how the actual injury took place (this can even be presented in computer-generated animation)
In the final analysis, it boils down o the evidence of both the causes and effects of the medical mistake. Professional evidence gathering is of paramount importance.
Contact Los Angeles Medical Malpractice Attorneys
If you have sustained an injury due to medical malpractice and are ready to learn how our Los Angeles medical malpractice attorneys can assist you and your family, please call us today for a free consultation about medical malpractice.
David Drexler is an expert trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of the process. Remember, you pay nothing if we don’t win your case.
You can contact Los Angeles medical malpractice attorney David Drexler by email, by calling 1-877-99-LA-LAW (1-877-995-2529) or by filling out the form below.
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