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Your Medical Malpractice Checklist

Robert F. Spohrer

When you’ve been injured because of a medical error, you may be well within your rights to pursue a medical malpractice lawsuit against the physician or hospital that hurt you. Of course, in practice it can feel overwhelming to start a claim, especially once you need to gather evidence about your injuries and experiences.

With over 150 years of experience and $1 billion recovered, our malpractice lawyers at Spohrer Dodd can stand by your side and provide the committed advocacy that you deserve. Skilled at investigating complex medical claims, we can deploy a range of tried-and-tested case strategies to maximize your compensation.

While we recommend speaking with an attorney as soon as you decide to bring a claim, it’s also a good idea to get started on your own, by gathering key pieces of evidence and information. Below, we’ve provided a comprehensive initial checklist for your medical malpractice claim.

Here are some things that you will need for your claim:

  • Complete personal medical records: Under HIPAA, your healthcare provider is legally obligated to provide a complete copy of your personal medical records at your request. Make sure you have records from every provider, clinic, and hospital you visited, and check that all the dates and times are accurate.
  • Medical bills and receipts: Once you’ve been billed by your healthcare provider or a pharmacy, save every single receipt and bill that you receive. This will help to demonstrate the true cost of your injuries.
  • Personal account of your experiences: It’s critical that you write down a personal account of the incident, using the same dates and times provided in your medical records – this will help your attorney to quickly understand what happened, and serve as a starting point for your case strategy. The sooner you can write this down, the more accurate it will be.
  • Photos of your injuries: Regardless of whether you were hospitalized for a traumatic brain injury or suffered a wrong-site surgical procedure, it’s important to take photos of your injury and visually document them. If you haven’t taken any photos, do so as soon as possible.
  • Health insurance policy info: It may not seem relevant to keep documents about health insurance coverage, but it’s actually critical for your case. Claim denials or settlements will inevitably come up, and they may impact your chances of compensation.
  • Work personnel and attendance record: If you’ve missed time from work because of your injuries, it’s a good idea to request your full personnel and attendance record from your boss. Showing missed time can verify that you were negatively impacted by your injuries.
  • Records of conversations with healthcare staff: Did you hear admissions of negligence from nurses, doctors, or other staff members? Do you suspect that a conversation could be important? Make sure to write it all down or keep any recordings, even if you’re not sure how relevant it may be.
  • Evidence of lost wages: Missing time at work can result in a significant decrease in your earnings, and the negligent healthcare professional may be liable for that decrease. Refer to your W2s or paystubs for evidence of lower wages.
  • Prescriptions and pharmaceutical records. Whether central to the claim or not, you will need to have an accurate list of your current medications. Ask your pharmacist for any records, and keep your prescriptions close at hand.

Need to speak with a medical malpractice attorney right away? Contact Spohrer Dodd at (904) 637-7721 today for a free consultation.