When an injured party files a lawsuit against an allegedly responsible party, the injured party must generally prove that the harm he or she suffered was caused by the other party. Proof in a lawsuit is often called evidence, and when a person files a lawsuit based on medical malpractice there is a variety of evidence that he may need to provide in order to prove some or all of the elements of his claims. This post will provide a general discussion of some of the documents a person may need in order to prove his medical malpractice case, but Chicago readers should note that every personal injury case is different and each may require different forms of proof.
The first set of documents that an injured party should have is his medical records. A person’s medical records provide a history of the medical issues he sought treatment for as well as the analyses that his medical professionals provided of those visits. Medical records can be used to create a timeline of illness, injury and treatment in a medical malpractice case.
Next, an injured party should keep records related to his health insurance coverage. While medical malpractice cases often arise between patients and medical care providers, insurance companies can get pulled into the mix when they fail to pay on claims they are required to cover. Additionally, injured parties should retain records related to their prescriptions and therapy sessions.
Finally, an individual preparing for a medical malpractice claim should keep any documents or correspondence that he or she receives from the other party. Such documentation may be helpful during litigation if it in anyway suggests or admits fault on the part of the responsible party.
Medical malpractice cases can be difficult to pursue. However, having the right documents for evidence can help injured parties and their attorneys build strong cases to seek out financial recovery. Individuals who are considering medical malpractice litigation are encouraged to retain their records in order to start assessing their claims against their medical providers.