clerk checking medical records file evidenceThe hospital is unlikely to hand over any evidence you request unless they are legally obligated to do so.

You can get the evidence you need from the hospital by working with an experienced medical malpractice wrongful death lawyer. Once you hire an attorney and begin a wrongful death lawsuit, your lawyer can request evidence pursuant to the Kentucky Rules of Civil Procedure.

Discovery of Evidence in Delay-in-Care Cases

The Kentucky Rules of Civil Procedure allow you to gather evidence through:

  • Depositions
  • Written interrogatories
  • Requests for production of documents
  • Requests for admission

You have the right to obtain any evidence that is relevant to your loved one’s delay in care as long as the evidence is not privileged. If the hospital refuses to comply with your legal discovery request, you can file a motion for an order compelling discovery with the court. If the court grants your motion and the hospital still refuses to comply with your discovery request, the hospital may be found in contempt of court, and the court may issue sanctions.

The Hospital Has the Evidence You Need

The hospital that caused your loved one’s death has the information you need to prove that your loved one died from a delay in medical care. It can be frustrating to rely on the hospital to get you the information you need. However, you shouldn’t be the one to contact the hospital for evidence. Instead, you should contact an experienced delay-in-care attorney who knows what evidence to request and how to make the request in a legally compelling way.

Get started today by calling the delay-in-care medical malpractice lawyers of Gray and White Law for a free and confidential consultation. We will advise you of all of your legal rights and find out exactly what happened to your loved one.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law

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