Medical Malpractice – What Documents Should I Give to My Attorney for a Medical Malpractice Case?

When you or a family member gets misdiagnosed, injured or hurt because of a medical provider’s negligence, you may not know how to proceed. You can take legal action against the responsible – or irresponsible – party, but you’ll need to provide a variety of documents and information to get the process started. And it doesn’t end there. Throughout a medical malpractice case, you’ll need to provide a host of different records to ensure that the evidence effectively supports your case.

Background Information

For starters, your attorney will need to prove that the misdiagnosis or injury was the direct or indirect result of your medical provider. To do that, the firm will need to verify your medical condition and health status prior to the incident. Gather up your medical records, taking the time to ensure that they’re as complete as possible. These include:

  • Prescription records
  • Medical records before, during and after the incident
  • Mental health or other diagnostic records

How far back your records need to go will depend on the kind of case it is. Also, as a patient, you’re entitled to a full set of your records by request, but you may have to pay copy charges to get physical copies. Your attorney can also request them with your signed permission.

Financial Documentation

To file an appropriate claim for monetary damages, your attorney needs to know how much you’ve paid out of pocket for treatments, how much your insurance company has been billed and has paid on your behalf, and how much time you’ve lost at work. Supply your medical malpractice lawyer with:

  • Insurance information, such as provider and coverage limits
  • Bills, including medical, insurance and other relevant bills from the incident
  • Paystubs from your job or any supporting evidence of lost wages

You may also be able to sue for mental and emotional distress, loss of quality of life and other intangibles that have monetary value. Include any documentation that shows that the medical problem you experienced resulted in financial loss.

Other Relevant Evidence

Medical malpractice claims aren’t black and white, and there are lots of documents and pieces of information that will support your case against the defendant. Don’t limit your supporting evidence to bills and medical records. Provide your attorney with any piece of information that you think will be relevant. This might include:

  • Letters or other communication from your provider regarding your procedure
  • Instructional manuals or documents related to devices that malfunctioned during use
  • Ads for general malpractice claims against large-scale providers or manufacturers, such as those whose products caused widespread harm

Your attorney will be able to sort through appropriate information to determine what’s helpful and what isn’t. However, before you inundate the staff with piles of receipts, call or email to ask about submitting your documentation. The last thing that you want to do is waste time and money in sifting through unnecessary information. To get started on a medical malpractice claim or to learn more about your options, contact Diez-Arguelles & Tejedor today.