Why Medical Records Are Important When Building A Malpractice Case

Law Blog

Substandard care is not something that should be taken lightly. In fact, it's one of the leading causes of death in the United States. If you were injured due to substandard care, you might feel like you can do nothing about it. However, you can do something about it if you keep track of your medical records and identify that medical malpractice occurred in the first place.

Important Medical Documents

The documents you'll need to build your medical malpractice case include medical records, bills, insurance statements, any correspondence you have with your providers, and anything else directly related to the care you have received.

Even though your medical records are in the hands of the medical staff, they are your property, and you have the right to access them. You also have the right to access your documents because you have the right to informed consent for all medical decisions made on your behalf.

Be Skeptical of Your Doctor

It's important to become very aware of your body and what is going on with your medical care and be skeptical. It's typical to want to place trust in a medical professional. Still, doctors and nurses make more mistakes than you might think.

How to Know if You Have a Case

If you feel like you were neglected and this neglect contributed to you developing a medical condition, it's essential to communicate with a medical malpractice attorney. They will review your medical records, with your consent, and any other information you can obtain that you provide them and will use the information to determine if you are entitled to compensation. 

Once the medical malpractice attorney has determined if you are entitled to compensation, they will begin building a legal case. Doctors carry medical malpractice insurance, and your attorney will help you start the process of pursuing a settlement.

The Doctor Has the Final Say

One thing that makes a medical malpractice settlement different from other types of settlements is that insurance providers must receive permission from the doctor before they are allowed to agree to a settlement. This is because a settlement substantially impacts the cost of the doctor's insurance.

You are not guaranteed to reach a settlement, and the doctor might instead choose to take their chances at trial. If so, your medical malpractice attorney will represent you in court by making legal arguments, cross-examining witnesses, and helping you with the discovery process.

For more information, contact a medical malpractice attorney near you.

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