Practice Areas
Our People
News & Resources
Book Consultation

Q
Views8,253
I recently had surgery at a hospital, and unexpected side effects and aftereffects arose. I suspect that the medical staff may have been at fault, so I am trying to file a medical accident report, but I am not sure what kind of evidence I should prepare. Please let me know what evidence an ordinary person can easily obtain and what evidence is essential to be legally recognized.
Medical accident report
Answer
Published:
Author : ChanWoo JEONG
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.

Examination of Evidence 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0