What Documents Do You Need for a Medical Malpractice Case?

One of the most critical components in any medical malpractice case is the evidence that supports your claim and proves that the medical professional failed to meet the adequate standard of care.

Therefore, it is crucial that you secure all of the relevant documents related to your treatment. In addition to your medical records, you will want documentation supporting any claim of lost income due to your injuries, statements from your insurance company, and more. These documents can help illustrate how you were injured and how those injuries have impacted your daily life.

If you are pursuing a medical malpractice claim against a doctor, hospital, or another healthcare provider, the experienced New York medical malpractice attorneys at Finz & Finz, P.C. are ready to help. Our practice is a family-run firm going on its third generation, and our team of top litigators includes four former judges, including three who previously served on the New York State Supreme Court.

We have helped our clients recover more than $1 billion in compensation since our founding in 1984. We have the knowledge and resources needed to win your case. Call us today for a free case review, or you can visit our contact page to fill out a free case evaluation form.

1. The Importance of Medical Records

   In a medical malpractice case, your medical records tell the story of what happened. These records will include notes from doctors and nurses about the treatment you received, what drugs you were given, a timeline of events, and more. You want to be sure that you obtain all of the relevant records from doctors and facilities that treated you prior to your injury. You will also need any records detailing the treatment you received after you were injured.

   You may receive some of these documents when you’re discharged after treatment, and some may be accessible through what’s known as a “patient portal”, but you will want to obtain a full set of medical records for your malpractice claim. Oftentimes, a full set of records will be thousands of pages long, but a knowledgeable medical malpractice lawyer can assist you in obtaining and analyzing these records once you have signed a medical record release authorization.

2. Keeping Track of Medical Bills

   Be sure to keep track of the bills that you receive regarding your initial treatment and any follow-up treatment after the incident in which you were injured. This includes bills for doctor’s visits, hospital stays, prescription medications, surgical procedures, lab tests, physical therapy, and more.

   If your medical malpractice lawsuit is settled or there is a verdict in your favor at trial, you could recover compensation for the full value of your past medical bills, along with the cost of any future treatment you may need. But to recover compensation for these bills, you will need documentary evidence to prove your out-of-pocket costs and expenses.

3. Insurance and Medicare/Medicaid

   Depending on what kind of insurance you carry, some of your medical bills may have already been paid by your insurer or a government program such as Medicare or Medicaid. If this is the case, you need to make sure your medical malpractice attorney knows what bills have already been paid and by whom.

   Simply tell your attorney the name of your health insurance carrier and provide your attorney with any benefits documents or other correspondence from the insurance carrier or Medicare/Medicaid. This is particularly important because if a settlement is obtained between you and the defendants, or a verdict is awarded in your favor at trial, certain insurance programs and government agencies such as Medicare and Medicaid may claim a “lien” on the litigation proceeds – and they could be legally entitled to repayment for medical bills that have been paid on your behalf.

4. Correspondence with Adverse Doctor or Insurer

   If you have spoken with your doctor or your insurance provider about the poor treatment you received — whether you spoke with them face-to-face, over the phone, by letter, or online — your attorney needs to know about it.

   There may be vital information contained in that correspondence, and your attorney will want to know if you said anything that potentially jeopardizes your claim. If you spoke verbally with your doctor and/or insurer, take notes of the conversation as soon as possible and provide them to your lawyer.

   Once you engage a medical malpractice lawyer, you should direct all correspondence to your attorney.

5. Evidence of Lost Income

   Lost wages or reduced earning capacity can be key components of a medical malpractice claim, but you will need supporting documentation if you want to receive any compensation for your losses. Pay stubs, tax returns, and other documents that show what your income was before your injuries can help substantiate your claim and help you obtain the compensation that you deserve.

6. Photographs of the Injured Person Before and After the Incident

   Medical records, pay stubs, letters from your insurance company, and other evidence help in a medical malpractice lawsuit, but they are primarily impersonal documents. The best way to illustrate the “before and after” effect of your injuries can be with pictures or videos. Images help a potential jury understand the magnitude of your injuries and help the jury sympathize with your unfortunate situation, and pictures and videos from before your injuries can help demonstrate how your injuries have impacted your daily life.

7. What If Documents Are Missing?

   If you cannot find or obtain the important documents described in this page, that does not mean that your medical malpractice case is doomed. A skilled and experienced malpractice attorney can help you obtain the documents required to bolster the validity of your claim, but it may take more time for your claim to proceed while your attorney gathers the necessary records.

Contact a Medical Malpractice Lawyer at Finz & Finz, P.C.

Medical malpractice claims are challenging, but it is entirely possible to obtain fair compensation with the right legal help. The most important step you can take is to choose the right attorney to represent you.

When you engage Finz & Finz, P.C. you engage a team with access to world-renowned medical experts and extensive experience litigating medical malpractice cases. Our founder, the Honorable Leonard L. Finz, is a former New York State Supreme Court Justice who has been peer-reviewed as one of America’s preeminent trial lawyers. Our CEO and senior trial attorney, Stuart L. Finz, has been selected as a lifetime member of the Multi-Million Dollar Advocates Forum and has been named by New York Super Lawyers as one of the top trial attorneys in the State of New York.

No matter how complicated your medical malpractice case seems, Finz & Finz, P.C. has the resources to seek the justice that you deserve. Get your free case review today by calling us or visiting our contact page and filling out a free case evaluation form