Medical Records Checklist for a Malpractice Claim

A practical checklist of documents worth gathering before you talk to an attorney

Before or during your first conversation with an attorney, having key documents organized can make the initial review faster and more useful. Here's a general checklist to work from -- you don't need everything on this list to get started, but the more you have, the more helpful the first review can be.

• Complete medical records from every provider and facility involved -- not just the one you suspect made the error
• Discharge summaries and after-visit notes from any relevant hospital stays or appointments
• Test results and imaging reports -- including any that seem irrelevant, since experts sometimes find missed findings in old results
• A written timeline of what happened, in your own words, with dates as close to accurate as you can manage
• Photos, if there's any visible injury or physical evidence relevant to your situation
• Billing records and insurance statements, which can help establish costs and sometimes reveal what procedures were actually billed
• Names of every provider involved, including specialists, nurses, and anyone else present during the relevant care
• Any correspondence with the provider, hospital, or insurer about what happened

Requesting complete records is generally your legal right as a patient, though facilities may charge a reasonable copying fee and have a set number of days to respond. If gathering all of this feels overwhelming, that's normal -- an attorney can often help request and organize records for you as part of a free case review.

Want a printable version? Our free downloadable guide includes a records checklist along with warning signs and questions to ask an attorney.

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