Collecting Evidence in Atlanta Surgical Error Cases

In a medical malpractice lawsuit, all claims of negligence must be fact-based. It is not enough to state that the medical provider in question caused your injuries. You must gather as much evidence as possible to support your argument.

The experienced attorneys at our firm could guide you through the process of collecting evidence in Atlanta surgical error cases. Our team could also help you analyze your evidence to build a strong case.

Types of Relevant Evidence in an Atlanta Surgical Error Case

In a surgical error case, injured parties must collect evidence to prove that the other party breached a duty of care and caused their injuries. Filing parties must also prove they suffered injuries and damages as a result of the incident.

Any document or object that helps establish the elements of negligence would be relevant evidence in a case. Common examples of evidence include:

  • Medical records,
  • Medical guidelines or literature,
  • Witness testimony,
  • Medical images, and
  • Medical bills.

Anyone who took time off work due to their injures could also submit past pay stubs as evidence of their lost wages.

How Does the Type of Case Impact the Type of Evidence Required?

Every surgical error case is different, and there is no set list of the types of evidence injured patients need to prove fault. Some cases are more dependent on medical records and other documentary evidence. Others might rely more heavily on witness testimony.

The Role of the Expert Witness

Anyone attempting to file a malpractice case in Atlanta must seek out an expert witness who can testify in court and establish all the critical elements of negligence. Without this witness, the case will be thrown out.

Not only is the expert witness testimony a requirement, but it is also quite useful in court. Surgical error cases are complex, and the medical expert can communicate complicated concepts to the jury. A seasoned attorney could find a good expert witness to clearly explain how the evidence shows a breach in the standard of care causing the patient’s surgical complications.

Gathering Evidence Through the Discovery Process

Much of this evidence used in a surgical error case is collected through the discovery process. This is a period of time after a lawsuit is filed when both parties exchange information and ask questions to build a case.

This process can be lengthy depending on the number of parties involved, the number of witnesses, and the size of the medical records. A skilled lawyer would use this time to thoroughly analyze evidence and ask important questions to help strengthen the case.

Submitting Evidence for Court Approval

Not all evidence gathered in discovery is admissible at trial. There are rules governing what kinds of evidence can be presented to a jury at trial. A surgical error attorney must consider these laws when searching for evidence. Additionally, he or she may need to take extra steps to get a crucial piece of evidence admitted at trial.

Contact Us for Help Collecting Evidence in Atlanta Surgical Error Cases

To prove liability in your case, you must have strong evidence of fault and it must be presented persuasively. However, collecting evidence in Atlanta surgical error cases is not always easy.

The diligent attorneys at Warshauer Woodward Atkins could work with you to gather all the necessary medical records and find an expert witness. Call our office today to set up a free consultation with one of our lawyers.