What evidence do I need in order to file a medical accident report?

What is important in a medical accident report and related litigation is proving the 'fault of the medical staff' and the 'causal relationship between the fault and the harm'.

For this, the following types of evidence are needed.

∙ Medical records and test results

Medical records that document in detail the course of treatment and the medical staff's procedures are the most basic and essential evidence.

If the medical records are not properly prepared, or if their contents have been manipulated, this can serve as a suspicious circumstance, so it is important to request and secure the original.

∙ Statements and testimony of the medical staff

The statements of the medical staff, such as the attending physician and nurses, also constitute important evidence.

If, unlike the explanation you heard initially, the content of later statements has changed, this can help reveal a suspicious circumstance on that basis.

∙ Objective materials such as photos and videos

Photos or videos showing the condition of the surgical site, the side-effect symptoms, and the changes before and after treatment help prove the harm.

If possible, it is advisable to secure evidence by time period, both before and after the medical staff's measures.

∙ Medical expenses, outpatient records, and other cost materials

Costs incurred during the course of treatment, as well as hospitalization and outpatient records, are also evidence necessary for calculating the amount of damages and proving the harm.

When preparing a medical accident report, you should first secure the medical records, and you must be able to objectively prove fault and the causal relationship through the appraisal of a medical expert.

However, since it may be somewhat difficult for an ordinary person to conduct evidence collection and appraisal procedures alone, we recommend preparing systematically with the help of an attorney specializing in medical matters and an evidence examination expert.