To win an Olympus scope lawsuit, you need solid proof. Specifically, you need to show that the device was used during your procedure, that it harbored the bacteria that made you sick, and that your losses were caused by that infection. An Olympus scope lawsuit attorney can help you identify and obtain the records that link your illness to the device and assemble this documentation to establish each element of your claim.
Medical Records That Document Your Procedure
First, you will need to establish that an Olympus scope was used during your treatment. Hospitals and surgical centers are generally required to log which instrument was used for each patient, typically by model and serial number. An attorney can request these records through discovery and, when necessary, send a preservation letter to prevent the destruction of relevant records. You also have the right to request your medical records directly from the facility.
Medical Records Related to Your Injuries and Infection
Next, you will need evidence of your injuries and infection. This evidence primarily comes from your treatment records. Laboratory cultures identify the bacteria involved, while blood work, imaging, and physician notes document how the infection progressed and which complications developed. Your records will also contain information about the treatment you received, which can inform the medical expenses you claim and the care you are likely to need in the future.
Evidence of the Damages You Have Suffered
Proving that a defective device caused your infection is only part of the case. You must also show that the infection caused measurable harm. In an Olympus scope lawsuit, you may recover compensation for:
- Past and future medical expenses
- Lost wages and employment benefits
- Diminished earning capacity
- Disability accommodations and in-home care
- Physical pain and emotional suffering
- Loss of enjoyment of life
Several pieces of evidence can prove these damages. For example, medical bills, insurance statements, and pharmacy receipts help establish your treatment expenses. Pay stubs and tax returns document lost income and any reduction in earning capacity.
For non-economic losses, a personal journal documenting your symptoms, limitations, and daily struggles can be persuasive, as can statements from family members and coworkers describing how your life has changed. If your injuries are permanent, a life care plan projects the treatment and assistance you will need going forward.
Experts Who Can Provide Testimony on Olympus Scopes
Complex medical device lawsuits almost always require expert testimony. Your lawyer can connect you with an infectious disease physician or clinical microbiologist who can explain how the bacteria spread and why the scope is likely the source. A biomedical engineer can analyze the device’s design and explain how its components, particularly the elevator mechanism at the tip, can trap contaminated material.
Trust Shapiro Legal Group, PLLC to Build Your Case
Gathering evidence in an Olympus scope lawsuit requires a lot of groundwork. When you are recovering from a severe infection, the last thing you need is the burden of an investigation. In these situations, trust Shapiro Legal Group, PLLC to handle the process on your behalf. We have the time, resources, and experience to build the strongest possible case for your recovery. Contact us today for a free consultation with our Olympus scope lawsuit attorneys.