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What documents do I need to file a medical malpractice claim?

If you were harmed by your physician during treatment or surgery, you may have a case against them and the hospital for medical malpractice. However, proving that medical malpractice occurred is notoriously difficult for patients, particularly those with serious health issues. In order to give yourself the best chance at financial recovery, it is recommended that you consult with an attorney as soon as possible after your injury.

If you decide to meet with an attorney after a doctor's errors caused you injury, it is their job to gather all the necessary information and prepare your case for mediation or trial. You can make the process easier by providing them with as much information as possible to help them build your case. First, you will need to provide them with your medical records or give them the contact information of all of the hospitals, clinics and medical professionals that have provided you with medical care. With your consent, your attorney should be able to access your records and use them to establish the quality of your care. These records should also include any mental health records, even if your mental health treatment is unrelated to the illness in question.

In addition to your medical records, you will need to provide your attorney with information regarding any and all prescription medications you may be taking. While this information may be in your medical records, providing the information upfront will allow your attorney to focus on other important aspects of your case.

A major part of a medical malpractice case is establishing damages. You will need to provide your medical bills, evidence of lost wages (e.g. paystubs), and insurance information. These documents will help establish how much you suffered from an economic standpoint and how much you will require to get back on your feet after the malpractice.

While all of these documents are beneficial, this is not a comprehensive list. If you find any other documents that you think may be relevant to your claim, make sure to show them to your attorney. It is always better to provide as much information as possible and let your attorney decide whether it is necessary to support your case.

Source: FindLaw, "Documents for Your Attorney: Illness & Hospitalization," accessed on Dec. 4, 2017

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