What Documents Do I Need for a Medical Malpractice Claim?
Medical malpractice cases are some of the most difficult to try and win. When you’re up against a healthcare provider, you’ll have to face down their significant allies and resources, and potentially submit to third-party medical exams. If your case eventually ends up in front of a jury, that jury will be 70% more likely to side with the physician, even when there is moderate evidence to suggest negligence.
With so many obstacles along the way, you need to make sure your documentation is fully in order before filing a medical malpractice claim. At the Law Office of Marshall Silberberg, our Orange County medical malpractice lawyers are highly skilled at uncovering the truth of your situation, and using medical records and other documents to prove your case. When you receive your free initial consultation, we’ll help you pinpoint exactly where the physician’s negligence occurred, and gather all the necessary evidence to build your case.
Here are some of the documents you should start gathering as early as possible:
- Full medical record. When it comes to proving medical malpractice, your medical record will almost always be the most valuable source of evidence and information. It’s best to ask your healthcare provider directly for your full medical history, which should include all office visits, dates and times of care, examinations and lab tests, doctor’s notes, prescriptions, and subsequent treatment for injuries caused by negligence. Be persistent if they refuse to provide you with this record: Under HIPAA laws, you are legally entitled to review it in full.
- Invoices and bills for every medical transaction. Keeping track of all your medical expenses is important, too. Without clear evidence of your medical costs, it can be difficult to prove that you suffered both physical and financial damages. Any invoices, bills, or receipts should be kept close and given to your attorney for review.
- Health insurance documentation. In addition to medical bills and records, you will need to acquire a full description of your health insurance plan, including coverage limits. You will also need to get documentation for any healthcare claims you submitted to your insurance provider.
- Pay stubs and work attendance records. If you’ve been seriously injured because of physician negligence, chances are high that you’ve also had to miss work because of these injuries. In some cases, your long-term earning capacity may have been reduced too. Collect all recent paystubs, W2 or 1099 forms, workers’ compensation claims (if applicable), and work attendance records.
- Any correspondence with doctors and insurers. Any conversations with your doctor, insurance claims adjuster, or other healthcare professionals should be kept and shared with your attorney. It’s always possible that they shared something during your written or phone correspondence that will be critical to your case later on.
- Receipts from over-the-counter purchases. Not all medical charges will be billed directly to your insurance provider. In cases where you needed to purchase over-the-counter equipment or medications, keep the receipts handy.
Do you need to speak with a medical malpractice lawyer in Orange County? Just call the Law Office of Marshall Silberberg at (949) 565-4281 to schedule your consultation.