Information for Your Lawyer: Medical Background

If you need to bring a medical malpractice lawsuit against a medical professional, hospital, or related entity, hiring a personal injury attorney with relevant experience is wise. Getting legal help from a medical malpractice lawyer for your medical malpractice case is critical.

When you or a loved one is a victim of medical malpractice due to a medical error, surgical error, misdiagnosis, or any other type of medical negligence, an attorney can help. A lawyer specializing in medical malpractice law can offer legal advice for your claim against a health care professional.

Proving Fault in a Medical Malpractice Case

To prevail in any personal injury case, including a medical malpractice case, it's necessary to prove fault. Most medical malpractice claims raise a medical negligence claim. To establish a claim, the patient must prove that:

• The medical professional owes a duty of care
• The medical professional failed to meet the proper standard of care of a medical professional in similar circumstances
• The medical professional's breach of duty caused the injured patient's harm

Injured patients typically use testimony from a medical expert to explain the accepted standard of care for the medical community.

Expert Witnesses in a Medical Malpractice Case

Medical negligence cases are complex. They require the fact finder to determine whether the medical professional's act or omission in providing medical care caused the patient's injury.

Many states require expert testimony in medical malpractice cases to proceed. State laws can require an affidavit from a medical expert for a patient's case to proceed. An expert explains a case's applicable standard of care and whether it's met.

Expert witnesses use medical records and other documentation to support claims in your medical malpractice lawsuit. This information will also help your medical expert develop their opinions on whether the health care provider breached the applicable medical standards during medical treatment. You can use other evidence and expert witnesses to support your case for damages.

Damages in a Medical Malpractice Case

Your attorney will work to build your case so that you can recover all damages available to you. These damages include economic and non-economic damages. You may be able to recover the following damages in your medical malpractice suit:

• Medical bills
• Non-economic damages to compensate for non-monetary losses
• Wrongful death
• Lost wages

Your attorney must collect information to prove that you are entitled to damages.

Information Your Personal Injury Lawyer Will Need for Your Case

To ensure a smooth attorney-client relationship, you must give your lawyer the information requested and promptly address any follow-up questions. Your attorney will likely give you an intake form to complete before your first meeting or following your initial consultation. This form allows your attorney to learn about your background and type of case.

For example, your attorney must know about your medical situation. They may also want to know about your employment status and income. If you have lost time from work due to your illness or hospitalization, your attorney may be able to help you recover those lost wages.

Below is typical information requested from attorneys in a case involving personal injury, such as medical malpractice.

Basic Client Information

• Name
• Date of birth
• Social Security number
• Address
• Phone number
• Email address
• Social media accounts
• Whether you have a criminal history

Family Information

• Marital status
• Children
• Ages of children and whether they are dependents
• Identity of any other people you support

Financial Information

• Employer name and address
• Length of time at employer
• Occupation
• Income

Medical Information

• Health insurance provider, if any
• Policy name and number for any health insurer
• Date of hospitalization or onset of illness
• Description of how the illness began and current condition
• Present medical condition
• Identity of all medical providers seen for the illness or injury
• Names and locations of all hospitals where you were a patient

Information About the Particular Procedure Causing Injury

• Explain whether your doctor discussed the risks of the surgical procedure with you
• What you were told about the procedure
• Whether you signed an informed consent form

Prescription Medications Taken

• Current prescription medications being taken
• Name of the prescribing physician or medical provider
• Current over-the-counter medicines

Medical History

• Previous prescription medications taken
• Dosage and name of the prescribing physician for previous prescription medications taken
• Previous over-the-counter medicines taken
• Whether you have previously had the same illness or need for hospitalization
• Whether you have a significant family history of diseases, illnesses, or medical conditions

Daily Activities

• The illness' or injury's impact on your daily life
• Have you lost work due to your injury or illness?
• If you have lost work, what specific dates could you not work?
• Your hobbies and interests
• Whether your illness or injury prevents you from engaging in these hobbies and interests

Mental Health History

• Whether you have a history of treatment for chemical dependency
• Whether you have a history of psychiatric or psychological treatment

Get Legal Help With Your Medical Malpractice Claim

Medical malpractice claims are quite complex and require an experienced medical malpractice attorney. If you or a loved one experienced an illness or injury due to a health care provider, you should contact an attorney as soon as possible to explore your potential claim. They can explain your legal options and whether you may be entitled to damages.