How Do I Document a Medical Malpractice Claim?

When a patient experiences medical malpractice, they may be entitled to compensation for their injury or illness. However, many patients are unaware of the importance of properly documenting their claims in order to have the strongest case possible. Unfortunately, improper documentation – or a lack of documentation – can prevent patients from successfully recovering compensation.

If you suspect your doctor of medical malpractice, it’s important to do the following:

  • Request and obtain your medical records
  • Gather your medical billing information
  • Collect your insurance information
  • Take photos or videos documenting apparent injuries or conditions
  • Keep a journal to create a contemporaneous record of your experiences
  • Consult with a medical malpractice lawyer

Documenting a Medical Malpractice Claim

As you document your medical malpractice claim, it’s important not to discuss this matter with your doctor. Doing so could harm your chances of earning the full compensation you might be otherwise able to receive.

Which Medical Records Should I Obtain?

You should be sure to obtain all medical records you have with the medical professional who you suspect of medical malpractice. You must be especially sure to obtain the records that are specifically relevant to the health condition or treatment that you believe resulted in medical malpractice.

You should also seek copies of your medical records from any other physicians you saw for a second opinion – their records can help you build your case that your original doctor didn’t provide the standard of care you should have received.

Billing & Insurance Information

Collect all of your insurance information and billing documents (such as invoices and receipts) that are relevant to the medical care you believe resulted in malpractice. These documents can provide your medical malpractice attorney with the information necessary to assess the economic damages you incurred as a result of the malpractice and should be awarded in court or a settlement.

Documenting Your Health When You Suspect Malpractice

You should attempt to document your illness or injury to the greatest possible extent. If there is anything that you can photograph or take a video of to document your condition, it’s important to do so as early as possible and document how the condition progresses over time.

Keep in mind, however, that not all medical conditions can be photographed. This is why you should always supplement your documentation with a journal. Having a contemporaneous written record of your condition can go a long way toward documenting how your condition progressed over time, especially when it’s not something that can be visually inspected.

Contact a Medical Malpractice Lawyer

At the Law Office of David Kates, we understand how difficult it is to deal with medical malpractice. That’s why our attorney is ready to help you document your claim and fight for the compensation you deserve.

We will work diligently to review your case and can build a strong foundation for legal action. We have a thorough understanding of the process and will make sure all necessary steps are taken in order to ensure your case is given its best chance for success.

For more information, contact the Law Office of David Kates online today.