What Documentation Is Needed in a Medical Malpractice Lawsuit?
Posted in Medical Malpractice on January 22, 2021
If you are filing a lawsuit against a medical professional in Missouri, you will need to prepare well. A medical malpractice lawsuit requires significant amounts of evidence to prove your right to damages, and your attorney will need you to supply crucial pieces of documentation so he or she can build your case. This documentation may include medical records, insurance information, time stubs, and any other piece of evidence that supports your case and right to compensation.
How to Prove a Medical Malpractice Lawsuit in Missouri
All medical professionals have a responsibility to uphold a certain standard of care to their patients. To prove a medical malpractice claim, you will need to provide clear and sufficient evidence to support four facts.
- There was an existing doctor-patient relationship at the time of the malpractice. The at-fault professional therefore owed you a duty of care.
- The at-fault professional breached his or her duty of care through a negligent act or omission.
- The breach of duty directly caused your injuries.
- You suffered damages due to your injuries that you can collect in your lawsuit, such as medical bills and lost wages.
Common Documentation in Medical Malpractice Claims
Since medical malpractice lawsuits are highly technical and depend on your medical records, you will need to gather multiple pieces of evidence to prove the details of your claim. Your attorney will want to review these documents before he or she decides to take your claim.
Before your first consultation with your medical malpractice attorney, gather the following documents.
- Medical records: These documents are the most important to your claim and will form the foundation for your negligence claim. Gather all records related to your initial condition, the malpractice, and the follow-up care you received for your injuries.
- Insurance information: You will need to provide copies of your health insurance policy to your attorney. This will establish the cost of your care and eligible damages based on what your insurance company paid on your behalf.
- Prescriptions: You should provide your lawyer with a list of all of your prescription medications with their corresponding dosage. If available, you should also bring any prescription slips you may have.
- Medical bills: Your medical bills will establish the treatment you received for your injuries, which can help prove the nature of the malpractice. You will also need these bills to calculate your potential settlement value.
- Proof of lost wages: If you had to leave work due to the malpractice, collect any paystubs, correspondence, or time sheets that prove you lost wages. You may be eligible to recover these losses in your lawsuit.
Your attorney will use these documents in conjunction with other resources to prove your claim. For example, say that you underwent surgery and during the procedure, the surgeon perforated one of your organs and you suffered permanent damage. Since the surgeon oversaw your procedure and his or her name will be on these documents, you can establish duty of care with your medical records.
Records detailing your injuries, along with expert witness testimony and medical bills, can establish breach of care and causation. Your attorney will help you gather documents to prove your right to damages, such as proof of lost wages and insurance information, and may also enlist the help of life care planners and economists who can evaluate your long-term needs.
We Can Help
After you experience medical malpractice, schedule a free consultation with a Kansas City medical malpractice attorney as soon as possible. Your lawyer will initiate the investigation into your claim and take the first steps toward holding the negligent medical professional accountable.