If you believe that you were injured by a medical provider’s negligence, you may have a valid claim for medical malpractice. The only way to know for sure is to meet with a medical malpractice attorney so that they can evaluate your case.
Most attorneys do not charge for a medical malpractice initial consultation, but you still want to get the most out of the time you spend with them. The purpose of the meeting is to determine whether you have a claim (or at least, whether the possibility of a claim is worth investigating further). Therefore, you are going to want to give the attorney as many tools as possible to decide whether your claim would have merit.
Medical malpractice lawsuits are often long and complex, and they can be stressful for claimants. It’s worth it if the end result is the compensation you need to move forward with your life. But no attorney wants to put a client through the stress of litigation that is unlikely to succeed. By being prepared for your initial consultation with a medical malpractice lawyer, you can help your claim, if you have one, get the best possible start.
For your case to succeed, your attorney will need to prove every element of a medical malpractice claim: the existence of a duty of care; the breach of the duty; an injury resulting from the breach of duty (liability), and damages due to the injury.
The following items can help your lawyer evaluate the strengths and weaknesses of your case, and ultimately, to prove these elements.
You are entitled to your medical records, though you may have to pay a fee to have those records copied. While you don’t need to bring your comprehensive medical record to an initial consultation with a medical malpractice attorney, it is a good idea to bring:
Your medical records are an essential building block for your medical malpractice case, and one of the first things your attorney will need to review.
If you have communicated with anyone in writing about your treatment or your injury, especially your care providers, bring copies of those communications to your initial consult with a medical malpractice attorney. That includes copies of any emails, letters, or messages between you and doctors, nurses, hospital administrators, or other care providers.
If you have filed a complaint or grievance with the hospital, medical group, or any licensing board, bring a copy of that to your appointment as well.
It can be very helpful for your attorney to see a timeline of the events in your case, including:
You need not know exact dates, but creating a timeline can give your attorney a concise summary of how events unfolded
Medical expenses you have incurred as a result of your injury (such as for corrective surgery or pain relief) are documentation of some of your damages. If ongoing treatment or therapy is needed to treat your injury, past medical bills for similar treatment can help your attorney project your future expenses.
If you can, provide copies of bills for hospital stays, medical treatments, prescriptions, physical therapy, and medical consultations. But don’t forget other expenses attributable to your injury, such as mobility aids, the cost of adapting your home or vehicle due to your injury, and the cost of home health care.
If you are unable to work as you could before your injury, you may have a claim for lost wages. Depending on the nature and severity of your injury, and the likelihood of your returning to work, your lost wages could be significant. Copies of your pay stubs and tax returns, and descriptions of the work you are no longer able to do, will be useful to your lawyer.
If you have photographs of your injury, or videos that evidence your health and mobility before and after your injury, bring them to your initial consultation with a medical malpractice lawyer.
Document the name and contact information of everyone you can think of who may have witnessed events relevant to your case. Don’t worry if you don’t know the names of every person who provided you medical care. Your attorney can pursue that information, but any names and contacts you can provide will give your attorney a head start on their research.
Don’t put off making an appointment with a medical malpractice attorney until you can assemble all of this information. Time is of the essence when filing a medical malpractice claim. Pull together the documentation that you can, and trust that your attorney will advise you of anything else they need if pursuing a claim seems appropriate.
To learn more about the elements of a medical malpractice case or what to bring with you to a medical malpractice initial consultation, call the Fraser Law Firm at 971-266-8877 or contact us online.
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