What documents are required to claim damages in medical negligence
Dated: 2024-04-19 01:16:39
I need a basic list of documents required to claim damages in a medical negligence cases.
Answers by Lawyers
- Medical Records : - Medial record is one of the most valuable evidence which if present can ease your way to sue and claim damages. It speaks for you as well as for the acts which have caused you the specific illness or disease or the cause for hospitalisation. The medical records provide the details regarding the type of medical care served to you during hospitalisation. It contains notes by the professionals and the nurses which indicates the action taken by them and the effect of the same. If records are not provided then the same are to be obtained from the Hospital where you were hospitalised.
- Prescription record : - When one is hospitalised for some serious illness, it is obvious that some kind of medication was provided to you. The medical prescription contains the medicines along with the dosage to the person hospitalised. This information is also very much valuable as it can prove whether or not proper medication along with proper dosage was provided for.
- Health Insurance : - In case there you have some kind of medical insurance, or a family medical insurance, you should the same to the lawyer. In case of the family insurance, the certificate that the insurance also covers your medical expenses is required. This documents helps understand the scope of health Insurance coverage.
- Hospital and Medical Bills : - Copies of the Hospital invoice and medical bills have the details of the treatment and the medicine used. It also helps in determining how much reimbursement was provided by the Insurance company from the total amount of claim.
- Evidence of Wage Loss (Bank Statement) : -While you were hospitalised, you lost your time from work, leading in a wage loss. This can be helpful to claim the damages from the defendant accordingly. For proving the wage loss, you need to provide the bank statement, or any form which compares your previous earning (before hospitalisation) with the current (post hospitalisation). In case the wage records are not available as such, then the same can be demanded from the employer.
Any other document which related to your claim howsoever should be recorded or collected and be kept safely.
Krishnaveni Advocate