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What evidence should I start to gather as I prepare for an emergency room medical malpractice claim?


After a visit to an emergency room where you left with an injury as a result of your treatment—or lack thereof—you are likely feeling overwhelmed, frightened, and confused. We rely on the doctors and other health care providers in emergency rooms to treat us when we need urgent medical care. Few people expect that seeking out this emergency assistance can sometimes result in further injury. If it does, you may have a claim for medical malpractice in Boise.

Gathering Critical Evidence

The following are eight helpful steps to take in order to gather evidence to help your claim of emergency room medical malpractice:

  1. Obtain a copy of your complete medical report.
  2. Obtain witness statements from those who were present at the time of your treatment.
  3. Arrange for an expert witness to testify about your injury.
  4. Gather copies of relevant written communication with the health care provider or its representatives.
  5. Gather photographs of your injuries.
  6. Obtain information that supports your theory of the appropriate emergency medical care for conditions similar to yours.
  7. Gather medical evidence that indicates the expected long-term effects of your injuries.
  8. Keep accurate records of all of your expenses directly related to the injury.

Medical malpractice claims have a strict statute of limitations. It is crucial that you act quickly after being injured in a visit to an emergency room. If you found this article informative and useful, we encourage you to follow us on Facebook! Your friends or loved ones may be looking for assistance following a visit to a Boise emergency room.

Alan Morton
Advocate for Justice/Trial Lawyer