What Documents Do You Need in a Medical Malpractice Lawsuit?
March 26, 2021
Medical malpractice lawsuits occur whenever a healthcare provider fails to follow standard procedures, misdiagnoses a medical condition, writes the wrong prescription, or makes a surgical mistake, among other negligent acts. If a patient is harmed, then this could be a case of medical malpractice.
With a medical malpractice claim, the injured victim’s attorney has the burden to prove that a healthcare provider acted unreasonably and breached standards of care. The injured victim and their malpractice lawyer then must prove that the breach of the duty of care was a cause of the personal injury or injuries suffered by the victim.
If you think you might have been harmed by a medical provider, you will want to be careful, and thorough, with how you proceed. In medical malpractice lawsuits, you will need certain documents to justify your claims in court.
When determining if you have a case, here is a list of documents that can be helpful to an attorney your attorney:
• Medical Records
• Mental Health Records
• Prescription Drug History
• Health Insurance
• Medical Bills, Invoices, and Other Financial Documents
• Documents from the Defendant
Medical Records – These detail what your medical providers did or failed to do that lead to your injury. If you do not have copies of your medical records, give your attorney a list of the healthcare providers you have seen, sign a HIPAA form, and they can request records on your behalf.
Mental Health Records – If you have been seen by any psychiatrist, psychologist, or psychotherapist, your attorney will need to know, even if the mental health treatment was unrelated to the malpractice. If you are unable to provide your own mental health records, be sure to give your attorney a list of your mental health care providers.
Prescription Drug History – Your attorney will need to know the names of any medications prescribed to you, the dates of those prescriptions, the dosage, and where you filled the prescriptions.
Health Insurance – The extent of your health coverage is important for your attorney to know. If you are covered by a group plan or health/disability policy, you will need proof of your coverage.
Medical Bills, Invoices, and Other Financial Documents – These detail the amount of money you or your insurance company have been charged from the medical provider for treatment and care. You may be entitled to recovery for medical bills, even if your health insurance paid them. Also, if you have lost time from work due to medical malpractice, you may be entitled to compensation for lost wages, so be sure to document any time and wages missed.
Documents from Defendant – Any documents that the defendant has provided you with, you will need to provide to your attorney. These documents (whether they are text messages exchanging information or written documents authored by the defendant) may seem unnecessary, but they could end up helping your case.
Medical malpractice victims and their lawyers must prove that the personal injury or injuries caused damages that can be quantified monetarily and must detail the extent of those damages to win the case. Working with an experienced medical malpractice attorney, such as one of the members of the Potter Burnett Law team, will help ensure your confidence and thoroughness in your case, ultimately getting you the justice you deserve.
If you or a loved one has been a victim of medical malpractice, contact the office of Potter Burnett Law today for a free consultation.