In a surgical malpractice case, documentation is key to successfully proving a claim. To prove that a surgeon, hospital, or medical staff member was negligent in performing their duties, it is not enough to provide proof that an injury was suffered on the operating table. Rather, objective medical evidence, typically medical records, must be made available for a jury or judge to consider. 

Medical records are the backbone of a surgical malpractice claim. The medical records, which document the surgical procedure you underwent and the follow-up care you received, are more than lab work results and notes from your treating provider. A detailed history of the specific types of treatment you’ve undergone, as well as the decisions made by you as a patient, is all included in your medical records. 

Depending on the medical records, your claim for negligence against a doctor or other treatment provider may be strengthened or weakened. Many times, families only find out the true circumstances of an unfortunate injury or worsening condition after examining the medical records themselves. 

Let Our Surgical Medical Malpractice Attorney Advocate For You

The team of legal professionals at Crim Law, PLLC, understands what is at stake in your surgical malpractice claim. Suffering an injury, the worsening of a chronic condition, and the pain associated with those circumstances are among the most difficult of all legal cases to persevere through. 

When you have suffered harm due to the negligence of a surgeon or another person associated with a surgery, it is crucial that you have a plan. Being able to show what happened and how it happened is key to a successful claim. 

Contact our office today for a free case review. Allow Crim Law, PLLC to help you develop a strategy geared towards recovery of what you deserve most — your health and peace of mind. 

What is Surgical Malpractice?

In West Virginia (and elsewhere throughout the U.S.), surgical malpractice occurs when a healthcare provider fails to meet the standard of care accepted in a particular branch of medicine or for the procedure being performed. Failing to rise to that standard of care can cause serious harm to you as a patient. Examples of medical error include a mistake related to your surgery itself or an incorrect diagnosis leading up to it.

Consider the following: Did the care provided by the surgeon, nurse, or other medical professional meet or exceed the level of treatment that would have been provided by a reasonably skilled individual under those same circumstances?

Proving medical negligence is challenging. As mentioned earlier, even the most significant harm suffered by you during a surgery does not automatically constitute surgical malpractice. To prove malpractice, you must be able to prove that your surgeon breached his duty of care owed to you as a patient. From there, did that breach cause the injuries you suffered? Medical records frequently form the basis of a malpractice claim, so you will need to consult with a skilled surgical malpractice attorney who can guide you in the right direction after a review of your case.

Why Medical Records Matter So Much in a West Virginia Surgical Malpractice Claim

Medical records are valuable forms of evidence for patients and medical professionals alike. They provide the best evidence of what happened during a complicated medical procedure. 

Doctors will frequently document the steps taken during the surgery, the preparation for the surgery, as well as post-surgical observations and recommendations made to both medical staff and patients. In short, before memories become foggy or unclear, a medical record offers the best evidence of exactly what happened during surgery. 

Keep in mind that reading medical records is not like reading the newspaper. Doctors use language in medical records and reports that can be confusing to non-physicians. It takes years of learning, study, and real-world experience to be able to understand the language used in medical records. 

Our surgical malpractice attorneys have what it takes to help you decipher the language of a medical record and develop a plan for how to best utilize that record in your claim. 

Examples of Medical Negligence Found in Medical Records

Requesting and obtaining medical records is a service that Crim Law, PLLC, provides to its clients. We have a system in place to efficiently order and receive medical records. Instead of you having to jump through hoops to get your hands on these records, our staff has a proven process behind us to request and receive your treatment records. 

Medical records offer families an opportunity to identify specific moments in time when errors occurred in a patient’s treatment. Often, leading up to surgery, a battery of tests, procedures, and consultations is conducted to assess the potential for surgery. When a doctor overlooks a test result or ignores protocol when recommending a particular pre-surgical intervention, those mistakes may lead to injury. 

How Can Medical Records Be Used to Prove a Surgeon Caused Your Injuries?

Showing that a doctor acted negligently is not enough to win a surgical malpractice claim. Rather, it is necessary for you to prove that the negligent act of the doctor caused the injury in question. This is where medical records play a critical role. The actions (or inaction) of the doctor must be linked to the harm that you suffered. 

Being able to show, for example, that an incorrect procedure was performed on you helps establish a connection between the injury you suffered and the mistake made. It is one thing for you to make this allegation yourself. It is a more credible allegation when the medical evidence provides objective, documented proof of a mistake made. 

Crim Law, PLLC Fights for Medically-Harmed West Virginians

The attorneys and staff with Crim Law, PLLC, take on the challenges associated with every surgical malpractice case with enthusiasm. We focus our efforts on providing the best service possible to our clients. 

We work tirelessly on behalf of our clients to prepare a malpractice claim. Be it at the negotiating table or in the courtroom, our attorneys are committed to achieving the best possible result for our clients. Contact an experienced West Virginia surgical malpractice attorney today for a free case review.