What documents do you need for a medical malpractice case?

Medical malpractice happens when a patient is harmed or injured by a physician or other healthcare professional because he or she failed or was negligent in performing his or her medical duties. While the rules about a medical malpractice case vary from state to state, there are some general rules that are applicable to most cases. 

To prove that you’ve been a victim of medical malpractice, you must have evidence of all of the following:

  • A physician-patient relationship existed between you and the physician or healthcare professional in question.
  • The physician or healthcare professional was negligent.
  • The physician or healthcare professional’s negligence resulted in your injury.
  • The injury led to specific damages.

In order to be successful when it comes to telling your story, you need to seek the services of an experienced medical malpractice attorney who can help you to obtain the documents necessary to build your case. San Diego attorney, Scott S. Harris, helps the victims and/or their families of medical malpractice throughout the state of California in obtaining compensation for their injuries.

Starting with, but not limited to…

In general, you’ll need the following documents to mount a successful medical malpractice case:

  • Medical records:  the most important documents for starting a malpractice case; you’ll need records of the negligent care as well as treatment after the fact.
  • Medical bills:  past, present, and estimates regarding future bills are key to providing proof of your medical expenses.
  • Communications with physician:  provide your attorney with any written correspondence with your physician, any allegations of negligence, whether written or online, and the substance of any oral communication.
  • Insurance communication: provide your attorney with any correspondence from your physician’s liability or malpractice insurer or from your own health insurer.
  • Receipts for out-of-pocket expenses: including any expenses related to your medical care that aren’t itemized in billing records; include prescription and/or over-the-counter medications, medical equipment, etc. 
  • Evidence of lost income: this would include pay stubs and tax returns necessary to establishing your previous income.
  • Photographs: before and after photographs of the injury or death can help to personalize the case and establish the human toll resulting from the negligence. 
  • Death certificate and/or autopsy report:  if your case involves a wrongful death of a loved one, provide the attorney with the death certificate and a copy of the autopsy report if one was performed.

Other evidence necessary in proving the validity of you case can come from the testimony of expert witnesses as well as medical journals and articles as they relate to your case.

If it’s not possible for you to gather all of these documents on your own, your attorney will help you to acquire all pertinent medical records and evidence necessary to successfully litigate on your behalf.

Getting the help you need

With more than three decades of experience in the field of medical malpractice, Scott S. Harris will review your case, gather all needed evidence such as medical records, bills, and communications with the physician in question and his or her insurer, and go to work building a successful case, the result of which will be a fair and equitable settlement on your behalf.

Visit our website to read about common examples of medical malpractice. Contact us to schedule your free initial consultation.