If you’re filing a lawsuit against a medical provider, pharmaceutical company medical device manufacturer or like entity, there’s only so much you can say. You’ll need to provide the necessary paperwork to tell your story and prove it when it comes to a medical malpractice claim. Medical records, forms, letters and other types of documents need to be provided. This is because medical malpractice cases are very complex.
Whether you’re pursuing a medical malpractice claim for an illness, injury or required hospitalization, your medical records will speak much more than words. For example, if your alleging that the nursing staff didn’t provide standard medical care while you were hospitalized, the medical records will outline what type of care was actually provided and indicate the nurses’ notes. An attorney will be able to obtain copies of all medical records, and your medical expert witness will be able to access it.
Mental Health Records
If you sought treatment from mental health professionals, such as psychotherapists or therapist, your attorney and medical expert witness will need to review those records also. It’s important for both your attorney and medical expert witness to determine that the need for treatment was directly related to your medical malpractice claim.
If you’ve been hospitalized or have a serious disease, it’s likely that you are either on or have been on some type of prescription medications. You’ll need to provide medical records that specify the names of prescription medications, including the dosage.
Medical Provider Invoices and Bills
While health insurance may pay for some or all of your medical bills, some payments may be denied. It’s important to provide paperwork for medical provider invoices and bills. Your attorney will want to know all medical costs in order to properly value your case.
It’s important that your attorney has all information relating to health and disability insurance to review the scope of your health insurance coverage. You’ll need to provide a copy of the policy, group plan or certificate of participation.
Proof of Lost Wages
If you’ve lost time from work as a result of your medical malpractice injury, you’ll need to collect and provide evidence of lost wages from your employer. Your employer will be able to provide wage records, earning periods and pay stubs. One of the best ways to prove lost earnings is to compare earnings before and after you were injured.
It’s critical to keep any documents received from the defendant and provide them to your attorney. For example, if you have a suit against a medical device manufacturer and that company sent you a letter outlining the attributes of the product, your attorney may be able to use that letter to evaluate liability.
Depending on the type of medical malpractice claim, there may be other types of documents that are helpful. For instance, if you have a suit against a pharmaceutical company and see an article about that company’s product, it may provide helpful information for your attorney.
Expert medical testimony is critical to medical malpractice cases and is required in almost all medical malpractice cases. If it’s not present, the judge may make an early decision or dismiss the case. A medical expert’s testimony also helps the jury sort through medical information that is too complicated for them to understand. Part of the medical expert’s testimony will be about what an average, competent doctor would have done in the same situation that is at issue. The medical expert gives his opinion as to whether or not the medical professional lived up to the standard of care. The medical expert may also use medical board guidelines in his testimony. The expert must explain to the jury whether the incompetence was the proximate cause of the plaintiff’s injury.
If you or a loved one has been injured as the result of negligence of a medical professional, contact an experienced medical expert like Dr. Edward Mallory. The primary function of his medical expert witness business is to provide his expertise in the courtroom in order to support his clients testimonies. He gives written or oral testimonies and “expert opinions” and his interpretation or medical record review is crucial in cases of the law involving medicine. Visit his website http://emergencyexpertforyou.com/ for more information.