What type of evidence can I use to support a medical malpractice claim?

To support a medical malpractice claim in Virginia, a plaintiff must present evidence that the defendant failed to meet the applicable standard of care, and that the failure caused injury to the plaintiff. The evidence that may be used to support such a claim includes medical records, expert witness testimony, photographs, and medical literature. Medical records are one of the most important pieces of evidence in a medical malpractice claim. These records can show when the patient first sought medical advice and what happened during the patient’s care. Medical records also can demonstrate whether protocol was followed, what the patient was told, and what additional tests may have been required. Expert witness testimony is also important for a medical malpractice claim. An expert witness is a physician who has specialized knowledge related to the alleged malpractice, and can provide an opinion as to the defendant’s behavior in the case. Expert witness testimony generally must be provided by a doctor who is not involved in the case so as to remain unbiased. Photographs may also be used in certain cases to prove the severity of the alleged malpractice. Photographs may provide visual evidence of a patient’s injuries or conditions, allowing a jury to better understand the full extent of malpractice. Finally, medical literature can also be used as evidence in a medical malpractice claim. This literature can demonstrate what the accepted medical practice is and can provide additional proof that the defendant failed to meet the applicable standard of care.

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