Ortega Law Firm

Call Today 480-582-0981

What type of evidence is needed in a medical malpractice case?

Evidence is a critical element in any legal case. In Arizona medical malpractice cases, the evidence presented should prove both a causal relationship and negligence. There are many different acceptable forms of evidence that can support an individual's case.

Proving negligence can seem fairly straight-forward at first. However, when compiling evidence to make this case, it is important to keep in mind the possible defenses a hospital or doctor might make in response. For example, they may bring in a witness who refutes the patient's version of events. It is important that a lawyer with experience in these cases be able to review possible evidence and structure a case to address these potential defenses.

The next requirement is to prove a causal relationship. Not only does the patient need to prove that medical negligence caused a negative outcome, but he or she needs to clearly prove that the other party named in the lawsuit is responsible. Evidence that may help in these cases can include medical records, eyewitness accounts, expert statements and photos. This can be made more difficult if multiple medical professionals are involved in a patient's treatment; for example, a surgeon could argue that the damage from surgery would have been avoided with an earlier diagnosis, thereby deflecting liability.

Clearly, proving medical malpractice can take many steps and a variety of evidence. The complexity of some medical treatments, the multiple people who may be involved, and challenges gathering documentation can all be hurdles in a positive outcome for the patient. Picking a competent and dedicated Arizona medical malpractice lawyer can make a significant difference in the outcome of these cases.

No Comments

Leave a comment
Comment Information

Ortega Law Firm | 361 East Coronado Road, Suite 101, | Phoenix, AZ 85004-1525 | Phone: 480-582-0981 | Map & Directions