Workers Compensation 101

« Back to Home

Suing For Medical Malpractice? Here Are The Documents You Need

Posted on

Medical malpractice is a common area of law within the personal injury classification. Medical malpractice occurs when a member of the medical field has made a mistake or misjudgment and it harmed you in some way. It can be anything from a surgeon making a serious mistake, to the ER staff not letting you in soon enough and making your injury or illness worse as a result. Here are some documents you will need to have ready if you plan to sue for medical malpractice.

Medical Records

The first type of documentation that you will need for your medical malpractice case is naturally the medical records. You must have medical records of the day of the incident, including any notes made by the triage nurse, nurses who checked your vitals, any doctors that saw you, and any procedures you had performed. If you do not personally have copy of your medical records and the hospital will not release them, let your attorney know. They will be able to get copies for you.

Mental Health Records

If the medical malpractice case is against a mental health professional, such as a counselor or psychiatrist, you will also need a copy of your mental health records. During this type of case, they want to see records of previous mental health treatments and visits you have had, and records surrounding the incident you are suing them for.

Prescription Records

The courts also want to see your prescription records, if this information was not included in your medical records. They will want to see copies of all prescriptions you currently take or have taken in the past, as well as information about how you take these medications and if you took them as directed on the day of the incident. This includes the medication, where it was prescribed and for what, how long you have been taking it, and what the dosage is. You can also include the cost of the prescriptions if your attorney feels it is relevant to the case.

Financial Records

Start gathering financial records for anything related to the incident you are suing for. This includes the cost of transportation to the hospital, prescriptions you needed, co-pays, and what you had to pay that your insurance company did not cover. If your insurance was affected by the incident in any way, such as having a higher premium due to a new serious injury or illness, include that as well. You will also want to include proof of lost wages due to the injury or illness sustained from the medical malpractice incident. Contact an attorney like one from Hensley Law Team for more information.