Can an incident report be used as evidence for a malpractice lawsuit?

Patient fell in hospital is now suing for hospital. The nurse did not make a
medical note of occurrence but there is an incident report that was filled out
with all the information. Can the incident report be pulled up to use as
evidence?

Asked on April 20, 2017 under Malpractice Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The incident report can be used as evidence.  In addition, there should be a medical report documenting the injury and treatment.  Medical bills for treatment of the injury are also important evidence. Documentation of wage loss is also important evidence.


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