Paperwork required for a medical malpractice lawsuit

Ready to get started with our medical record retrieval services? Choose one of the following options

Did your client in the United States get hurt or suffer an injury because of the negligence of their doctor? Your client may be eligible for compensation.

But to win a medical malpractice lawsuit, your law firm must be able to provide substantial proof. The requirements for making a claim vary from state to state, but below are the standard documents you must retrieve to make your case.

Background information

You need to gather the following types of paperwork to prove that your client was harmed because of the direct or indirect actions of their physician.

  • Medical records

    Obtain the medical records of your client before, during, and after the incident to establish their health condition all throughout and prove that there was an injury. These records should show the diagnostic tests and medical procedures that were performed, as well as how and when they were conducted and who conducted them. They may reveal any violations or missed steps that may have caused your client’s injury.

    As a law firm, you may obtain your client’s medical records on their behalf. Read our previous blog to get tips on retrieving medical records.

  • Prescription records

    Your client may have been harmed because of the medication their doctor prescribed them, whether due to improper dosage or dangerous interactions. To highlight this error, you need to get the records that indicate the names of the prescription medications and their respective dosages.

  • Photographs

    Providing photos of your client before and after the injury will contextualize the case and emphasize the negative impact caused by the medical malpractice.


Trying to decide on a Medical Records Retrieval Provider?

We know it can be a real challenge to find the ideal service provider you can trust to send out your firm’s medical records requests and deliver records securely, quickly and efficiently. Our FREE checklist will help you identify what qualities you should look for before making a decision.
Download now!

Financial documentation

To be able to compute the appropriate claim for monetary damages, compile all paperwork related to expenses incurred and lost potential income as a result of the injury.

  • Medical bills

    Your client’s medical bills will show how much they were charged for treatment and medical care. These may also reveal costs incurred from unnecessary testing or additional treatment that they had to undergo as a result of the doctor’s negligence.

  • Insurance paperwork

    Get all documents related to your client’s health and disability insurance. These will help you determine which medical bills have been paid and by whom. Your client’s insurer may also be entitled to repayment of the medical bills they paid on behalf of your client.

  • Receipts for other related expenses

    Collect all other proof of expenses that your client incurred such as receipts for prescription medicines, over-the-counter medications, medical supplies and equipment, and other relevant items.

  • Proof of lost income

    Your client may have missed work or become entirely unemployable because of the injury they suffered from the medical malpractice. They can claim for damages for lost income or lost earning capacity. To determine the amount of compensation, request for your client’s previous tax returns and pay stubs.

Other relevant information

Include all other pieces of information that you think may support your case.

  • Communications with the doctor
    Gather all handwritten and electronic correspondence between your client and their doctor about the medical care received, allegations of negligence, and resulting injuries. If some of these discussions were done orally, ask your client to elaborate and create a written documentation.

Filing a medical malpractice lawsuit requires a lot of paperwork. Good thing you can obtain a lot of these records using Record Retrieval Solutions’ online ordering and tracking system. Contact us today to get started.

About The Author

img Chuck Dart
Chuck Dart started in the record retrieval business three decades ago. As the industry evolved from analog to digital, he recognized an opportunity to create a single, simple online solution that standardizes the record request and retrieval process across the entire healthcare industry.