How to Collect and Preserve Evidence for a Medical Malpractice Claim

Medical malpractice claims are complex and challenging, especially when it comes to collecting and preserving the necessary evidence. For residents of Pennsylvania, understanding the intricacies of the legal process is crucial to ensure a successful claim. This guide by Matzus Law will walk you through the essential steps to collect and preserve evidence for a medical malpractice claim in Pennsylvania.

Understanding Medical Malpractice in Pennsylvania

Medical malpractice occurs when a healthcare provider deviates from the standard of care, causing harm to the patient. This could involve errors in diagnosis, treatment, aftercare, or health management. Examples include surgical errors, misdiagnosis, delayed diagnosis, and medication errors.

Legal Criteria for a Malpractice Claim 

In Pennsylvania, to establish a medical malpractice claim, the plaintiff must prove the following:

• Duty of Care: The healthcare provider owed a duty of care to the patient.
• Breach of Duty: The provider breached that duty by failing to adhere to the standard of care.
• Causation: The breach directly caused injury or harm to the patient.
• Damages: The patient suffered quantifiable damages as a result.

Statute of Limitations 

Pennsylvania law imposes a two-year statute of limitations for filing a medical malpractice lawsuit. The clock typically starts ticking from the date of the alleged malpractice or from the date the injury was discovered. There are some exceptions, so consulting with a knowledgeable attorney is essential.

Initial Steps to Take After Suspecting Medical Malpractice

Seeking a Second Medical Opinion 

If you suspect malpractice, immediately seek a second opinion from a different healthcare provider. This not only helps confirm the malpractice but also ensures you receive the correct treatment moving forward.

Documenting Your Medical Experience 

Maintain a detailed journal of your medical experience, including symptoms, treatments, medications, and interactions with healthcare providers. This diary can provide crucial context and timelines for your claim.

Gathering Initial Records and Evidence 

Collect all medical records, prescriptions, test results, and billing statements. These documents form the foundation of your evidence. Request copies of all relevant records from your healthcare providers, and ensure they are complete and accurate.

Collecting Vital Evidence for Your Claim

Medical Records and Reports 

Medical records are the cornerstone of any malpractice claim. They include patient history, diagnostic tests, treatment plans, surgical notes, and discharge summaries. Ensure that all records are detailed and complete, as they will be scrutinized by medical experts and legal professionals.

Witness Statements and Expert Testimony 

Identify any witnesses who can support your claim, such as nurses, technicians, or other patients. Their statements can provide corroborative evidence of malpractice. Additionally, expert testimony from medical professionals is often required to establish the standard of care and demonstrate how it was breached.

Photographic and Physical Evidence 

Photographs of physical injuries, medical devices, or surgical scars can be powerful evidence. Preserve any physical evidence, such as defective medical devices or medication packaging, which can support your claim.

Preserving Evidence Effectively

Proper Storage and Handling of Physical Evidence 

Physical evidence should be stored securely to prevent damage or loss. Use labeled containers and keep them in a safe location. Avoid tampering with or altering the evidence in any way.

Maintaining Digital Records Securely 

Ensure that all digital records, including emails, electronic medical records (EMRs), and digital photographs, are backed up and stored securely. Use encrypted storage solutions to protect sensitive information from unauthorized access.

Ensuring Witness Availability and Reliability 

Maintain regular contact with potential witnesses to ensure they remain available and willing to testify. Collect signed statements or affidavits to preserve their testimony in case they become unavailable in the future.

Working with a Medical Malpractice Attorney in Pennsylvania

How an Attorney Can Help 

A medical malpractice attorney can guide you through the complex legal process, from gathering evidence to negotiating settlements or representing you in court. They can help you understand your rights, evaluate the strength of your case, and ensure all legal deadlines are met.

Selecting the Right Attorney 

Choose an attorney with experience in medical malpractice cases in Pennsylvania. Look for someone with a proven track record, strong references, and a deep understanding of state laws and regulations. Matzus Law, with its expertise in medical malpractice, is an excellent choice for residents of Pennsylvania.

Preparing for Your Legal Journey 

Work closely with your attorney to build a strong case. Provide all necessary documents, communicate openly about your experiences, and follow your attorney’s advice. Being proactive and cooperative can significantly enhance your chances of a successful outcome.

Contact Matzus Law, LLC Today

Collecting and preserving evidence is crucial for a successful medical malpractice claim in Pennsylvania. By understanding the legal criteria, taking immediate action, gathering comprehensive evidence, and working with a skilled attorney, you can navigate the complexities of your claim effectively. Matzus Law is here to support you through every step of this challenging process, ensuring that your rights are protected and that you receive the justice you deserve.  Contact Matzus Law, LLC today for a free, no-obligation consultation, or call us at (412) 206-5300 to talk with our legal team to learn more about your options in your case.