You are entitled to compensation for your medical expenses, lost income, and for the suffering you have endured as a result of medical malpractice. Proving malpractice is not always easy so it important for you to keep good records of your experience including the treatment you received, and the name of the staff who was involved.
You should have a diagnosis from another medical practitioner which states your treatment was provided in error. All of the medical records from the medical facility and the doctors should be obtained for you to show the medical provider who is going to give you another opinion. Your attorney can obtain any records you cannot acquire. Your notes will be able to help identify the records he will need. In some cases, the attorney will subpoena every record. Many malpractice attorneys would prefer to choose the doctor who will render a second opinion.
He will also want to obtain the records from any other medical provider who has given you an opinion on your condition. It is important to have a medical prognosis in writing. However, your attorney has the power to question anyone under oath to seek the prognosis.
Once your attorney has all of the documentation he may depose members of the medical team and hospital staff. He can ask them questions under oath. This is an important step because he has all of the records and can develop questions based on the records which will be designed to get at the facts.
A medical malpractice attorney will be aggressive in pursuing the facts and he will not be intimidated by a physician or any other medical practitioner. Often, an aggressive attorney will force the facts out into the open so they can be assessed. The tendency is for doctors to not divulge facts which will jeopardize the doctors’ defense. An experienced medical malpractice attorney will know which direction his questioning should take.