How We Will Prove Your Medical Malpractice Case

The evidence we need to gather depends on what we are trying to prove. For example, here are some of the types of evidence we can use to build your case for different types of medical negligence:

Failure to Diagnose

We will use your medical records and your medical journal to establish that your doctor failed to diagnose your condition and, in doing so, committed malpractice. The records will show whether the doctor ordered testing or treatments, prescribed medications, and made any diagnoses.

We may have a medical expert review your medical records to determine whether the doctor should have diagnosed your illness, ordered diagnostic testing, or sent you to a specialist.


Similar to the failure to diagnose, we may have a medical expert review your medical records to decide if the doctor misdiagnosed your condition, and if doing so violated the standard of care.

Surgical Errors and Retained Foreign Objects

We may use expert testimony, surgical notes, medical records, and testimony of other medical professionals who were present during your surgery to establish what happened during surgery and how a surgical error caused you harm.

Hospital-Acquired Infection

If, for example, you developed an infection at the surgical incision, we may explore the hospital’s records to review how often the nursing staff changed your dressings and whether they followed sterile wound care protocols.

Types of Evidence to Prove Medical Malpractice Damages

We may use many types of evidence to establish the value of your damages. You might already have some of these items. We can help you collect the documents and other forms of evidence to build your case.

Your Medical Journal

Your medical journal should consist of notes about when you saw your doctors, what they told you, symptoms you experienced, what you told your doctors, and any other relevant information about how your condition has affected you (ability to work, pain levels, etc.).

Your Employment Records

These records serve as useful evidence of the amount of income you lost as a result of the medical negligence. If you sustained long-term or permanent impairment from the doctor’s negligence, we may work with a vocational expert to calculate any decrease in your future income potential.

Medical Bills, Receipts, and Insurance Records

These official documents would show how much it cost to correct the doctor’s mistake if you had added medical expenses because of the malpractice.

Your Testimony

Your side of the story can be compelling evidence of the pain and suffering you endured, the mental anguish, uncertainty, and stress. You can tell the judge how the negligence has affected your life and your relationship with your significant other to show loss of enjoyment of life and loss of consortium.

How to Get Help After Medical Malpractice

If you suspect you or a loved one was the victim of medical malpractice because of a negligent doctor or other healthcare professional, call the Law Office of Jason R. Schultz, PC today at 404-474-0804. We will help you figure out if you might be entitled to compensation during a free case review.
Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.