Guard against spoliation of evidence in medical malpractice cases

It is common for doctors, nurses and other healthcare professionals who are facing medical malpractice claims to want to be aggressive with their defense strategy. After all, such a claim can jeopardize an individual’s professional reputation and credentials. However, it is also important to go about your defense strategy appropriately. That means guarding against the potential for claims of spoliation of evidence in the case.

What is spoliation of evidence?

When a healthcare professional is first notified about a medical malpractice claim, such claims almost always come with a request for the named individual or entity to preserve and store all potentially relevant information and documents associated with the claim. Obviously, such information and documents may be subject to discovery at some point in the forthcoming medical malpractice lawsuit. So, when the healthcare professional at issue does not do so – documents are destroyed or altered, perhaps inadvertently, for example – then the plaintiff may make a spoliation of evidence claim as well.

The good news is that, in many cases, doctors and other healthcare professionals who are facing medical malpractice claims will do everything in their power to preserve all information and documents regarding the claim because they know that much of that information will likely be useful to their own defense strategy. If they did nothing wrong, most defendants are more than happy to show their records and explain their conduct.

There are many steps to take at the onset of a medical malpractice case. Guarding against spoliation of evidence is just one step – but it is a hugely important one.