What Documents Do You Need in a Medical Malpractice Lawsuit?
Medical malpractice occurs when a medical professional fails to adhere to standard procedures by making certain mistakes, such as misdiagnosing a medical condition, making a surgical error, giving the wrong prescription, and other negligent acts. If a patient suffers harm due to such negligent actions, they may have a medical malpractice case. In a medical malpractice lawsuit, the patient and their attorney have the burden of proving that a healthcare provider breached their duty to provide reasonable care to the patient and as a consequence of this breach, the patient suffered harm and incurred damages. To prove this, the law requires that attorneys and patients support their claims with well-documented evidence. Below, we discuss five critical documents you need in a medical malpractice lawsuit.
Medical Records
Medical records are the most critical documents for beginning a medical malpractice lawsuit. Medical records contain essential information such as your diagnosis, procedures, prescriptions, and any notes from your healthcare provider. These records may include X-rays, MRIs, and blood work demonstrating your condition before and after the medical malpractice event. If they indicate a medical error, your medical malpractice attorney can use them as evidence to support your claim. If you do not have all copies of your medical records, your attorney can request them from the healthcare facility on your behalf.
Medical Bills and Invoices
In a medical malpractice lawsuit, you may be able to recover compensation for your medical bills and other related expenses. To successfully do this, you may need to provide documents detailing the money you have spent or have been charged by a medical provider for treatment and care. These may include medications, charges for hospital stays, doctor’s visits, surgeries, therapy, transportation expenses, and even rehabilitation costs. Additionally, you may have costs that are not medical but can be included in your claim. For instance, if you’ve had to modify your house or vehicle to accommodate the new circumstances due to the injury, this can be included in your compensation claim.
Insurance Documents
Insurance documents are crucial for building a solid medical malpractice case. These include your health insurance policy, Explanation of Benefits (EOBs), and any other correspondence with your insurance company. If your treatment was covered by a health insurer or program like Medicare or Medicaid, these entities may seek reimbursement for what they paid. Providing your attorney with these documents ensures a clear picture of your payments and liabilities and further supports your claim.
Witness Statements
Statements from witnesses in the course of your treatment or procedure can be invaluable in your medical malpractice lawsuit. These can include your family, friends, or healthcare professionals who witnessed the event or can testify to how the medical malpractice has impacted your daily life.
Employment Records and Tax Returns
Employment records and tax returns are essential documents in a medical malpractice lawsuit that can be used as evidence of lost wages or income. Victims of medical malpractice often suffer significant financial losses because of the inability to work or diminished capacity to earn. As such, one can seek compensation for the lost wages or benefits. Additionally, compensation may include future lost earnings, reflecting the reduced ability to earn due to the injury.
With such documentation, you may increase the chances of fair compensation in a medical malpractice lawsuit.
Gunn Law Group P.A. Is Here To Help
Contact our experienced Tampa Medical malpractice lawyers at Gunn Law Group P.A. today to discuss your case and explore your options.
