Your medical records can serve as the foundation of your claim. These can prove that a negligent provider breached the standard of care. Gathering these should be your goal, especially if you seek compensation to cover a lifetime of extensive care. However, understand that the process is complex.
Accessing medical records
Under Massachusetts law, you or your authorized representative have the right to receive and inspect copies of your complete medical record. Even if the hospital is the rightful owner of your documents, it must grant you access.
While true, health care facilities may initially refuse to provide a copy of your records if a physician believes that the data would not be in your best interest. Regardless, they must still give copies to your attorney or representative.
Finding clues in the paperwork
These medical records hold critical information that can prove a health care professional’s error:
Doctor’s notes: These can show poor communication or a deviation from expected care.
Nursing charts: These can show potential inconsistencies in monitoring your condition.
Operative records: These can outline the procedure steps and any unexpected events in the operating room.
Lab results: These can pinpoint when a health care worker overlooked crucial findings.
Medical malpractice cases can be challenging, as doctors and health care facilities refuse to admit mistakes. But with the right investigation approach, it is possible to build a case to claim compensation.
Your role in documenting the aftermath
Proving negligence is complex, requiring specialized knowledge to link the records to a clear legal breach. Seeking legal counsel can be a valuable resource for piecing evidence together.
