What type of records are needed in a medical malpractice case?

In California, records are a key component of a medical malpractice case. The records needed in such a case depend on the allegations made. Generally speaking, a plaintiff will need to provide proof of the medical provider’s substandard care, which can include medical records, hospital records, and often times the testimony of medical expert witnesses. Medical records can provide evidence that the medical provider provided care below the recognized standard of care. The medical records should include any medical reports, notes, and/or tests that were conducted. Medical records are also useful for proving any alterations made to the records, or lack of care that was provided. Hospital records can provide evidence of substandard care or any negligence on behalf of the medical provider. Such records can include the hospital’s protocols as well as the actual treatments provided. Additionally, hospital records can provide evidence of any injuries that occurred while under the care of the hospital. Finally, medical malpractice cases often require the testimony of medical experts. This testimony is used to establish the standard of care and to prove that the medical provider violated that standard. Expert testimony is important for providing an opinion on the medical malpractice case, and for helping to explain medical concepts and procedures to the trier of fact.

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