A proven record

Our firm has achieved numerous million and multimillion dollar verdicts and settlements. We often take cases that other firms have refused and win.

From Medical Records to Expert Testimony: Key Evidence in Medical Malpractice Cases

From Medical Records to Expert Testimony: Key Evidence in Medical Malpractice Cases

As a patient, you have the right to expect- and receive- proper medical care from your healthcare providers. Unfortunately, there are times when doctors, nurses, and other providers deliver treatment that’s far below the acceptable standard, putting patients at risk.

If you or someone you love has been harmed by careless, negligent, or even dangerous medical care, you may feel like you’re facing an uphill battle. Few providers or hospitals will readily admit to malpractice, and they usually have aggressive legal teams to protect their interests. However, collecting the right evidence can help you build a strong case for the compensation you deserve. In this blog, we will explore the types of evidence you should gather and how an experienced New York medical malpractice attorney can help.

Medical Records

Medical records contain important information about the patient’s medical history, diagnoses, treatments, and other details relevant to the case. These records may include:

  • Doctor’s notes
  • Blood tests, urine tests, and other laboratory analyses
  •  X-rays, CT scans, MRIs, and other types of diagnostic imaging
  • Medication records
  • Any other documentation related to a patient’s care. 

The information in these documents can help establish the extent of your injuries, the medical treatment provided, and any potential negligence by the healthcare provider. 

Physical Evidence

The term ‘physical evidence’ refers to any tangible object or material that can be used as proof of negligence or wrongdoing by a healthcare provider. Depending on the particulars of your claim, it may include:

  • Medical devices
  • Medical equipment
  • Surgical tools
  • Clothing or personal belongings of the patient
  • Preserved bodily tissue or fluid samples

This type of evidence can establish a causal link between the healthcare provider’s actions (or inactions) and your harm or injury, as well as to support negligence and medical malpractice claims.

Expert Witness Testimony

In the healthcare industry, many technicalities and terminologies are difficult for someone who does not have a medical background to understand. That’s why expert witnesses are essential in these cases. They can provide testimony based on their experience and training as well as explain complex medical concepts in layman’s terms to the jury or judge. This makes it easier to determine whether a medical provider acted negligently and if that negligence caused the patient’s injury. 

Witness Testimony

Witness testimony can be incredibly valuable in medical malpractice cases. Friends, family members, and coworkers can provide insight into what happened leading up to the incident as well as present emotional testimony that establishes the impact that the incident had on the victim and their loved ones. 


Gathering strong evidence is essential to winning any personal injury claim, medical malpractice included. It’s not an exaggeration to say that it can make or break your case. An experienced medical malpractice attorney can help you gather the evidence you need, including medical records, witness testimony, and physical evidence, and use it to build a solid case on your behalf. 

Don’t go it alone – with the right attorney on your side, you can level the playing field and fight for the compensation you deserve. At Silberstein, Awad & Miklos, P.C., we have decades of collective experience protecting the rights of malpractice victims across New York state. To schedule a free consultation with one of our top-rated personal injury lawyers, contact us today.