Document Checklist for Medical Malpractice Claims

Thursday, July 23, 2015

Document Checklist for Medical Malpractice Claims

Written by Malman Law, reviewed by Steve J. Malman.

When a patient is injured due to the negligence of their physician or another healthcare professional, they may seek out an attorney to file a medical malpractice claim. An attorney will conduct a case evaluation to assess the validity of the claim and determine if it is worth pursuing. To make the consultation appointment more efficient, the victim should bring several documents to the appointment for the attorney to review. These documents will help prove that an injury occurred and, hopefully, also prove that the medical professional acted negligently.

Medical Records

Medical records are the most important documents to bring to a consultation. In order to sue for medical malpractice, a patient must prove that there was an injury. Medical records will tell an attorney any procedures or diagnostic tests that were performed as well as who performed them. The notes in those records by doctors and nurses will highlight any missed steps in standard medical procedure as well as any violations by the medical professional.

Prescription Medications

Sometimes the injury is not with the doctor’s actions, but instead with the medication they prescribed. Whether it is improper dosage or dangerous interactions, prescription medication records can highlight the error, giving your attorney more evidence to substantiate your claims.

Medical Bills

Medical bills should never be thrown away. These bills can show the out-of-pocket expenses a patient encounters because of the medical professional’s errors. Whether it is paying for unnecessary testing or additional treatments that are required because of a delayed diagnosis, these costs are critical for determining a patient’s compensation.


The patient must also bring documents regarding health insurance coverage. This can also help establish costs and eligible damages based on what insurers paid on behalf of the patient.

Proof of Lost Wages

If a medical error forces a patient to miss work, bringing proof of those lost wages can also help determine compensation. This can be done by bringing pay stubs showing what the patient would have made had they been to work or by providing a statement from their employer showing the amount of hours each week the employee would have worked and their expected wages for that missed time.

What If Documents are Missing?

If a patient is missing any or all of these documents, an attorney may still be able to proceed with a medical malpractice claim. However, the process of filing the claim may be delayed while the attorney requests medical records, insurance statements, and previous billing statements from hospitals in order to build the case. By providing as much documentation as possible at the initial consultation, a victim can expedite the claim and decrease the amount of time they have to wait for compensation.

Malman Law – Medical Malpractice Attorneys

Medical malpractice is becoming increasingly common in the United States. Whether you have suffered from an injury due to a physician’s negligence or another healthcare professional, you may be eligible for compensation. Medical professionals have a duty of care to their patients and when they fail to provide that level of care, serious injuries and losses can occur. Contact the attorneys at Malman Law today for a free consultation regarding your medical malpractice case. Call us at 888-625-6265 or fill out an online contact form to get started.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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