Documents You Need for a Malpractice or Injury Lawsuit

When you’ve been injured, whether through medical negligence or an accident, you’ll need to bring your attorney certain documentation in order to build a case for your personal injury or medical malpractice lawsuit. 

Injuries that could lead to a lawsuit

Injuries can come from a wide variety of accidents or incidents, for example: vehicular accidents including autos, motorcycles, bicycles, off-road vehicles, and airplanes; pedestrian accidents; slip-and-fall or other premises accidents; dog bites or other animal attacks; and defective products. 

Medical malpractice occurs when a healthcare provider has not followed a reasonable standard of care, which has resulted in the injury or death of a patient. For legal purposes, “standard of care” for medicine refers to the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances. 

Malpractice can refer to negligence in standard of care for many different medical matters including, among other things: improper diagnosis or failure to diagnose a condition; improper prescription or administration of medication; negligent anesthesia administration; improper monitoring of a condition or vital signs; improper lifting or transport; poor care leading to bed sores or other conditions; improper or inappropriate surgery or other procedures; poor recovery planning. 

Documents to collect

Documentation regarding your medical condition should include:

  • Medical records (request thorough documents from your healthcare providers)
  • A log of visits to healthcare professionals
  • Any correspondence with healthcare providers, insurers, Medicare/Medicaid
  • Medical bills, including medical insurance coverage, premiums paid, and payments insurers have made
  • Receipts for payments you have made toward your healthcare 
  • Death certificate and/or autopsy report, if the patient is deceased

Additional documentation and evidence might include:

  • Pay stubs and tax returns to substantiate income
  • Evidence of time lost from work due to your health, leading to income loss
  • Psychology records if mental health issues are related to the injury
  • Photographs of the patient before and after injury and any other helpful photos
  • Documentation of any additional damages (loss of housing, damaged family relationships, etc.) that can be attributed to the injury 
Moving forward with your lawsuit

A lack of certain documentation may not prevent you from going forward with your lawsuit, but it may delay the suit while more evidence is collected to strengthen your legal standing. If you believe you have been injured due to medical malpractice or negligence on the part of another person or institution, contact our office as soon as possible so that evidence and testimonies can be quickly collected. 

As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained as a result of someone else’s negligence. Contact me to see how I can help you.

Contact Information