Documents and Evidence in Medical Malpractice Cases

Proving your case will rely on evidence. Even if you feel strongly that your case is obvious, the legal process requires documentation. Helping your lawyer get these documents can benefit your case and help the process go smoothly.

This article discusses the documents typically required in personal injury cases and what you can do to prepare your case. Contact a medical malpractice lawyer near you to understand what you will need in your specific case.

Isn’t Gathering Evidence My Attorney’s Job?

Yes, but they can’t collect all of it on their own. Your medical information is confidential under patient rights laws. At the start of your case, a lawyer won’t have access to all your sensitive information until you take steps to authorize or provide it.

Note that your attorney also has a legal duty to keep what you disclose to them confidential. A lawyer can examine these details to help you determine whether you have a valid claim to pursue. 

Be ready to help your attorney with any of the following:

• Signing a medical records release form that will allow your attorney to get relevant medical records from your treating health care professionals
• Gathering medical bills for all medical treatment and testing related to your case
• Providing an accurate list of your medical providers

As your case progresses, your lawyer can help gather more documents and evidence as needed. They can also help you navigate the discovery process, which is the trial phase when all parties in a lawsuit share and request information.

To get the most out of your legal counsel, it’s wise to actively prepare and communicate with your attorney. You can do a lot to support your injury claim, whether it’s your initial consultation, first meeting, or trial preparation.

Documents to Show Your Personal Injury Lawyer

Documents help prove your case. It may be through medical records, letters, forms, or others. This type of evidence is critical for expert witnesses, too. Documents help your legal team support your claim.

The following guide will help you organize the documents in your case. This process can make it easier for you and your personal injury attorney to identify helpful evidence and craft your legal strategy.

Medical Records

If you are suing someone because of an illness, disease, or required hospitalization, your medical records will help. For example, you claim that you are a victim of medical malpractice. You claim that nursing staff improperly cared for you while you were in the hospital.

In such cases, your medical records will show, in the nurses’ notes, what sort of care you received. Your medical records will help prove whether the health care provider failed to meet the applicable standard of care.

If you do not have these records, be able to give your attorney your providers’ names and contact information. Your attorney can get your medical records once you identify providers.

Mental Health Records

If you have sought treatment from mental health professionals, your attorney will need to review records from these providers.

As with medical records, be able to provide your attorney with your records or a listing of your mental health care providers. This can help prove any potential non-economic damages due to the emotional distress caused by the injury.

Prescription Medicine Information

If you suffered a serious injury, you were likely prescribed prescription medications for your medical condition.

Your attorney must know the names of any prescription medications you have taken, including the dosage. You can provide medical records or show your attorney your prescription medications. These records can support your claim for injuries.

Insurance Information

If you have health or disability insurance, your attorney must have information relating to that insurance. These documents will enable your attorney to review the scope of your health insurance coverage.

Hospital and Medical Provider Invoices and Bills

If you have health insurance, your coverage may pay for your medical expenses. Your legal team will want to see how much you or your insurance company were charged for medical care and treatment.

Keeping copies of any invoices or bills you get and giving them to your attorney helps. Providing your medical bills to your attorneys will help prove the damages you are entitled to.

Evidence of Lost Wages

If you have lost time from work due to illness, disease, or hospitalization, your attorney can help you recover some of that loss. Some insurance policies allow you to recover for lost wages. In other situations, your attorney will include lost wages in their damage calculation as part of the lawsuit. Either way, your attorney will need to prove that you suffered a wage loss and that your illness or hospitalization caused it.

Showing a comparison of earnings before and after the illness or injury is one of the most direct ways to prove lost wages. Give your attorney any documentation showing your earnings. If you do not have your wage records or pay stubs, your attorney can request them from your employer.

Documents From the Defendant

It’s wise to keep any documents you get from the defendant. Give them to your lawyer.

For example, if you file a lawsuit against a pharmaceutical company, and that company sends you correspondence describing the attributes of its product before you use it, show it to your attorney. The letter may give your attorney an idea of the defendant’s liability, if any.

Any Other Document Relating to Your Claim

Depending upon your specific case, there may be other documents that your attorney can use to prove a claim. Claims can include the following:

• Medical negligence
• Medical error
• Misdiagnosis
• Medical mistake
• Defective prescription drug
• Defective medical device

If you first found out that you might be a victim of medical negligence after seeing an advertisement, show the ad to your attorney. It may not make a win-or-lose difference in your case, but it will give your attorney information about you and your history.

How a Lawyer Can Help Gather Evidence

If you or a loved one has experienced an injury, getting legal advice about your situation can bring peace of mind. An experienced attorney will explain your legal options and work with medical experts to review your documents to prepare for your case.

The type of personal injury case you have determines what kind of lawyer you need. For example, an experienced personal injury lawyer who handles car accidents may not be the best attorney if you have a claim against a medical professional for a surgical error. In that case, you would want to file a medical malpractice lawsuit instead.

A medical malpractice lawyer would be best suited to help you with your medical malpractice case. Or, if a defective product injured you, such as medical equipment or prescription medication, you would need to hire a product liability attorney with experience in drug and medical device law. 

Share Your Illness and Hospitalization Documents With an Attorney

Cases involving personal injury, such as medical negligence claims, are very complex. Medical malpractice law requires special care by experienced legal professionals. Fortunately, you can contact a skilled medical malpractice attorney.

The same holds for any personal injury case. An experienced lawyer will represent your best interests.