What Documents Do I Need for a Medical Malpractice Case?

When starting a medical malpractice case, the injured patient should provide their attorney evidence both of what their injuries are and of how they were injured. If gathering documents on your own is unfeasible, a qualified medical malpractice attorney can help you obtain the necessary documents.

The list below outlines the documents generally needed for medical malpractice cases:

• Medical records
• Medical bills
• Insurance and Medicare/Medicaid correspondence
• Death certificate and autopsy report
• Correspondence with adverse doctor or insurer
• Receipts for related out-of-pocket expenses
• Pay stubs or tax returns to show income loss
• Photographs of the injured person before and after the incident

Medical Records

Medical records are the most important documents for beginning a medical malpractice case. Records both of the negligent care at issue as well as treatment after the fact are usually required to evaluate a potential case.

Although some medical records and general literature are given to patients at discharge, to obtain your actual medical records you must submit a request for medical records to the relevant facility or doctor. As a patient, you are entitled to your own medical records, but the facility may charge a fee. Usually records can be produced digitally, which reduces costs.

Medical Bills

The law allows injured patients to recover damages for medical expenses incurred as a result of medical malpractice. Your medical bills are a key part of proving your medical expenses, both past and future, and they should be provided to your attorney when you begin your case and subsequently if you continue receiving them.

Insurance and Medicare/Medicaid

When medical treatment is paid for by a health insurer or a government program like Medicare or Medicaid, explanations of benefits (EOBs) and bills are sent to the insured patient. It is important to keep this correspondence to establish what medical bills have been paid and by whom. Furthermore, health insurers and government programs like Medicare or Medicaid may be entitled to subrogation, i.e., repayment of medical bills they paid for your treatment. All such correspondence should be provided to your attorney.