What Medical Documents Will I Need to Gather for My Medical Malpractice Case?

Medical malpractice cases are difficult to process for many reasons. You and your medical malpractice attorney will need to gather many different medical documents while litigating your lawsuit. Your lawsuit could be against a medical provider, a pharmaceutical business, or other medical entity.  You could help your case provide proper documentation if you gather the proper letters, records, forms, and data. Careful review of those documents may show that negligence on part of the health care professionals was involved.

What Are the Different Kinds of Documents I Will Need?

• Medical records. Most of the time, your medical records will be a huge chunk of evidence for your medical malpractice case. If you do not have any of these records in your possession, you can provide the names and addresses of the medical providers you saw to your attorney. Your attorney can then get the copies of your medical records on your behalf.
• Mental health records. If you received treatment from any mental health professionals (psychologists, psychiatrists, or psychotherapists), your attorney will want to review those records in order to determine if your need for treatment was related to your medical condition.
• Prescription medicine data. Your attorney will also need to know the names of any prescription medications you take, including the dosage.
• Health insurance information. If you have any sort of disability or health insurance, it is crucial that you relay that information to your attorney. Obtain a copy of your health insurance policy or a copy of your certificate of coverage.
• Hospital and medical provider bills/invoices. Your attorney will want to know how much you or your insurance company were charged for medical treatment and care. Keep all copies of invoices and bills that you receive from your medical provider.
• Documented proof of lost wages. If you lost time from work as a result of your injury or illness, your attorney may be able to help you recover from that loss. Your attorney will need to prove that you suffered a wage loss that was caused by your injury or illness. A common way to do this is to compare your earnings from the periods of time before and after you were sick and/or hospitalized. Obtaining a copy of your attendance record and sick leave from your employer after your hospitalization will assist in determining whether lost wages should become part of your claim.

It’s important to know that a client must not selectively omit some records which may be unflattering to the client. Otherwise, the attorney could be blindsided and the validity of the case weakened when the defense attorney presents records that the client should have revealed.

If you are able to obtain these documents and provide them to your attorney, then your medical malpractice case will have more evidence to present in court. Contact Regan Zambri Long PLLC today if you would like more information on your eligibility for filing a medical malpractice lawsuit.

About the Author

Patrick M. Regan, Esq.

Patrick Regan is a board certified personal injury lawyer and a founding partner at Regan Zambri Long. His practice is devoted to helping those who suffered catastrophic injuries in car accidents, truck accidents, Metro accidents, and medical malpractice. Over his nearly 40-year career, Patrick has obtained some of the most significant jury verdicts in the history of Washington, DC on behalf of injured victims. Patrick is licensed to practice law in Washington, DC, Virginia, and Maryland. He received his B.A. at Hamilton College and his J.D. at the Columbus School of Law at the Catholic University of America.