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Medical Malpractice: Documents Checklist

By Christopher Coble, Esq. | Last updated on

So you've decided to sue your doctor. What did he do? Leave a clamp in you after a surgery? Misdiagnose you with the wrong illness? Botch your vasectomy?

Whatever the issue, to win your case, you'll need proof, proof, and more proof. Help your attorney by giving him as much documentation of your injury as possible.

Here is a checklist of documents you should have for a medical malpractice case:

Medical Records

These are the most important documents. To sue for medical malpractice, you'll need to be able to prove your injury. Your attorney will need to know what medical procedures were performed, how they were performed, who was involved, and what care was or was not provided. Doctor's notes and nurses' notes will help illuminate any missed steps or procedure violations that may have caused your injury.

If you do not have these records, with your permission, your attorney will be able to obtain these records for you.

Prescription Medicine Record

Maybe, the error causing your injury wasn't caused by what the doctor did in the hospital. Maybe, the error was in the management of your illness through improper medicines or dosages. To be fully informed, your attorney will need to know all the medication you've taken.

Insurance Information

Provide your attorney with any documents relating to your insurance coverage. These will help establish your costs and damages. Your attorney may be able to analyze your coverage to see if you were improperly denied for certain covered treatments or if you were improperly billed for unnecessary treatments.

Bills, Bills, Bills

Bills are unpleasant, but don't throw any away. If you win your medical malpractice case, you can often be compensated for your out of pocket costs and your insurance may be reimbursed for money it paid to cover your claim. Any bill or invoice will help your attorney establish how much your damages are.

Evidence of Lost Wages

If your case is successful, your compensation may not be limited to just medical bills. You may also be compensated for the time you missed at work and the wages you weren't able to earn. Help your attorney establish our amount of lost wages with wage records or pay stubs. If you do not have these, your attorney may be able to help you request them from your employer.

If you have any other documents not on this checklist that may be relevant to your claim, provide them to your attorney as well. However, don't bombard your attorney with irrelevant documentation. It will only distract your attorney from finding usable information, and raise your legal bills.

If you have been injured by medical malpractice, an experienced personal injury attorney will be able to help you assess your options.

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