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What Types of Documentation Are Needed for a Malpractice Lawsuit?



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Sadly, medical malpractice happens far more often than people realize.   If you think that a medical provider harmed you or a loved one, contact Oresky & Associates, PLLC.

Our legal team and co-counsel that we work with on medical malpractice cases are here to help. In this article, we’ll cover the importance of seeking legal representation, a general overview of medical malpractice cases, and the documentation you might need to justify your claims in court.

What Does a Medical Malpractice Attorney Do?

Medical malpractice attorneys are lawyers who are focused on helping patients who have been injured by a physician, nurse, or any healthcare provider while under their care.

An experienced medical malpractice attorney will know the statute of limitations, regulations, and procedural rules that might influence your case. What’s more, they will also have the resources and connections to conduct thorough investigations and collect crucial evidence to build the strongest possible case.

These aren’t the only things an attorney can bring to the table, though. As your legal representative, they may also:

  • Hire an expert witness whose credentials, analysis, and opinions can help prove your case
  • Prepare your medical malpractice case for litigation and trial
  • Depose all the negligent medical professionals involved in your case
  • Track your financial damages
  • Estimate the compensatory value for any non-economic loss
  • Negotiate for a settlement if possible
  • Handle court with the opposing party

What Are Some Examples of Medical Malpractice?

Medical malpractice involves a negligent act from a health care professional that deviates from the standard of care and harms a patient. A few common examples include:

  • Failing to perform the correct surgical procedure
  • Prescribing the wrong medication or dosage
  • Misdiagnosis of your medical condition
  • Failing to properly advise the patient
  • Making a surgical error which results in damages

How To Prepare for Your Initial Consultation With a Medical Malpractice Attorney

Your lawyer will need useful information about your case so they can properly advise you. It might be helpful to list down the timeline of events that led to your injury to keep everything organized.

When did you go to a health care professional? What medication or medical treatment did they recommend?

It’s essential to be honest and accurate with every detail you provide. Remember, your attorney is here to aid you and relies on your transparency. If you withhold any information, you risk weakening your malpractice claim.

What Documentation Will Your Lawyer Need?

You can speed up your medical malpractice lawsuit by bringing vital documents related to your case. If you’re missing some of the paperwork listed below, don’t worry because your legal team will help you acquire it.

Insurance and Medicare/Medicaid

If your medical bills were covered by a health insurer or government program, bringing any paperwork that shows correspondence with these entities can aid your case.

The defendant may also be required to reimburse the insurance company or government body who paid for your treatments.

Medical Bills

You are allowed by law to recover all medical expenses related to your malpractice injury. Collect any proof of past, present, and future expenses so your attorney can include them in your list of damages.

Medical Records

Medical records offer some insight into the nature of medical negligence because this is where your healthcare provider kept detailed notes of your condition and the medical treatment they administered. It may also be helpful to bring any mental health records and any documents that show your condition.

If you don’t have copies of your records, you can give your healthcare provider’s contact information, sign a HIPAA form, and they will request these records on your behalf.

Correspondence With Doctor or Insurer

Did you make any complaints to your doctor about your symptoms? How did they respond? Any proof of communication like texts, emails, or online messages with your healthcare professional related to your case can help present their negligence. You should also relay every verbal conversation with your doctor to your attorney.

If you also received any form of correspondence with your doctor’s liability insurer, or even your own health insurer, we recommend showing it to your attorney.

Receipts for Out-of-Pocket Expenses

It’s essential to track down all of your malpractice expenses because not all of them are itemized in billing records. These items include prescription and over-the-counter medications, medical equipment, and other miscellaneous fees. Essentially, any expense—it doesn’t have to be medical-related—caused by your injury should be included in your recovery.

Evidence of Lost Income

It’s a sad truth that many victims of medical malpractice find themselves unable to continue their current occupation or partake in any future earning opportunities. If your malpractice injury caused you to miss work or made you unable to work, bring your past pay stubs, wages, invoices, and tax returns to help establish your lost earning capacity or income.


Photographs and other visual evidence of your health problems and symptoms will illustrate the results of medical negligence. Images can also help eliminate doubt, show the sequence of events, and provide details of your injury.

Death Certificate and/or Autopsy Report

Does your malpractice case involve a wrongful death? A death certificate, or, if available, an autopsy report, is one of the most crucial documents you need to bring to your attorney because they present clear medical facts and identify the circumstances of the victim’s death.

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How Do I Know if I Need a Medical Malpractice Attorney?

If you experienced any of these three scenarios, you might need a medical malpractice lawyer to bring your case to court:

  • Your healthcare professional failed to provide the proper standard of care
  • A personal injury directly resulted from their negligence
  • The injury led to damaging consequences, whether physically, emotionally, or financially

The Complexity of Representing Yourself

There are but a handful of cases more complex than those involving medical malpractice claims. Suppose you plan to forego a medical malpractice lawyer and represent yourself. In that case, you need to be ready to cover complicated medical and legal issues as well as refute the opposing side when they present their evidence.

With a legal team to handle all of the nitty-gritty details, you stand a much better chance at acquiring just compensation for your losses.

How Much Does a Medical Malpractice Attorney Cost?

At Oresky & Associates, PLLC, we operate on what’s called a “contingency basis.”  We do not charge any upfront fees.

You Won’t Owe A Dollar Unless We Win Your Case

You don’t have to worry about steep legal costs when partnering with a legal team that offers contingent fee arrangements. That’s because any payment will come from the settlement after a successful trial or settlement. If you don’t receive any compensation or lose at trial, you don’t need to pay the attorney.