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In addition to working with the client, the primary goal of a Raleigh medical malpractice attorney is to gather all of the relevant medical records. These records will be reviewed by someone who is able to give an opinion about whether a malpractice occurred and if there is an opportunity to file a claim. The process of collecting evidence for medical malpractice litigation is long and it is important to be informed before entering into the litigation process.

Collecting Evidence

When a lawyer is brought on for a medical malpractice case, they will look for medical records or information available from public sources about medical devices as well as information about any of the players involved in the potential claim, such as doctors, medical facilities, and things of that nature.

Every case is driven by its facts, so information about a hospital facility might not be relevant to a claim that is only against a specific doctor or vice versa. Generally speaking, it is better for the attorney to take a broad look at all evidence that is potentially relevant to the injury that occurred, gather the broad scope of evidence, and then narrow down from there as is appropriate to the suit.

The Process Involved

The process for collecting evidence in a medical malpractice case starts with the clients giving authorization to collect all of their relevant medical records. The other option is getting the client involved in the process, and having them help in collecting the relevant medical records.

The time needed to collect evidence to present in court depends on the circumstances of the medical malpractice suit. Collecting the evidence necessary to present in court could take months and even up to a year or more depending on the nature of the claim and the number and specialty of the providers involved.

Under North Carolina law, a medical professional with similar qualifications and credentials must review the relevant medical documents before a medical malpractice case can be filed in court. The lawyer who represents the claimant must include in their court documents that the reviewing expert will testify that the defendant or defendants have departed from the applicable standard of medical care.

Questions to Ask a Lawyer

A person’s medical malpractice attorney wants a person to know that these cases are time consuming. Raleigh’s  rules of court have placed obstacles that must be overcome to even get a case to court.

Injured persons must make decisions about when it is or is not appropriate to get a lawyer involved. At the same time, a lawyer must make decisions about when it is or is not appropriate to get involved in a case. The litigation attorney will take into account the nature of the injury, the severity of the harm, and things of that that nature. It is not simply a question of negligence or potential lawsuit. The process for collecting evidence for a medical malpractice case in Raleigh can be very time-consuming and exhaustive.