What documents do I need for a medical malpractice claim?

There are a lot of documents that can help you with your claim. When it comes to actually proving medical malpractice, your medical records may be especially critical. These documents will indicate your treatment, which an attorney can then analyze to see if that care fell within the acceptable standard of care. If it did not, and you suffered harm as a result, then negligence may be found.

On the recovery side, it is important to obtain your insurance information. If you are successful on your claim, your recovery may differ depending on the extent of your insurance. Therefore, be sure to acquire all documentation and consider allowing an attorney to look it over.

Additionally, you should gather any and all documentation related to your medical expenses and lost wages. This means finding all your medical bills, even those paid by your insurance company. In order to show that you lost wages as a result of medical malpractice, you need to put forth proof of your wages, such as pay stubs. By doing this, you allow a court to compare you earnings before the incident with those after.

Please be aware that every medical malpractice claim is different. Therefore, if you have suffered a personal injury, you may need to provide differing documentation than another victim. Thus, speaking with a legal professional may be the best way to determine what you will need and how best to go about getting it. Then, when all of your documents are in order, hopefully you will be able to work with your attorney to fight for the compensation you deserve.

Source: FindLaw, “Documents for Your Attorney: Illness & Hospitalization,” accessed on April 5, 2015


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