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Home > Brand Media News > Evidence Important In A Medical Negligence Case

Evidence Important In A Medical Negligence Case.

Updated on: 28 January,2022 05:07 PM IST  |  Mumbai
BrandMedia | brandmedia@mid-day.com

Medical negligence is when a doctor or a medical institution fails to maintain the standard of medical care and provide adequate treatment.

Evidence Important In A Medical Negligence Case.

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Negligence of a doctor or carelessness resulting in misdiagnosis can lead to death or severe complications. In such cases, the victim is entitled to compensation from the doctors or the hospital for their physical and emotional injuries. You can contact the best personal injury law firm in your locality to help you fight your case of medical malpractice. 


 


Essential documents required to file a medical malpractice claim:




  1. Letter of complaints:

If the doctor makes any negligence in diagnosing the disease, the victim is recommended to send a formal complaint letter before claiming medical negligence. After sending the letter, an investigation occurs. 

 

Once the investigation starts, the victim is entitled to receive meeting notes, witness evidence, and all correspondence created from the Investigation. This correspondence contains documents that support the claim of the victim. Additionally, this document forms an integral part of the compensation award the victim receives. If the victim is not satisfied with the compensation amount, they can consult the lawyer for further procedure.



  1. Medical records:

Medical records are vital for claiming compensation when complaining about medical negligence. These are the records written by the doctor or nurse about the victim's condition when they are in the hospital or medical care before the negligence. These records are assessed to the victim within one month of request without charging any cost.



  1. Witness statement:

When the victim suffers from an injury due to medical negligence and files a complaint, the statement of the family or friends will help in setting out the event that happened. The witness's statement helps the victim explain how the injury has impacted their daily life.



  1. Expert medical evidence:

When a victim claims compensation for medical negligence, medical evidence from the independent expert helps make the case strong. By this report, the expert will explain the standard of treatment the victim received and its impact upon the victim's injury. 



  1. Financial evidence:

Suppose the victim got an injury due to medical negligence, which impacted financial loss. In that case, the victim has to prove this by providing necessary documents, including medical expenses, earnings, travel, and estimated future earnings, while claiming compensation.

Filing a medical malpractice lawsuit alone can be way more complicated than one can imagine; it is advised to hire a personal injury lawyer to help you proceed through all the legal proceedings and guide you on the case. 

 

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