What Documents Do I Need to Support My Medical Malpractice Claim?
The success of a medical malpractice case lies in the strength of the evidence presented. Compelling evidence should establish the degree of a physician’s negligence, while also demonstrating the specific harm the patient sustained. Gathering the necessary information can be challenging, requiring that medical records, claims, bills, out-of-pocket expenses, and other documentation be provided to counsel.
For nearly 40 years, the South Carolina medical malpractice lawyers at Parham Smith & Archenhold LLC have assisted individuals who have experienced injury at a healthcare provider’s hands. If you need assistance in gathering documentation or are seeking guidance from a skilled legal advocate, do not hesitate to contact our firm today.
Medical Records
Medical records are the heart of a medical malpractice case, allowing an attorney to evaluate the treatment in question to discern if any negligence is at play. South Carolina law mandates that physicians retain the medical records of adults for a minimum of ten years and minors for thirteen years. These timeframes begin from the last date of treatment, with providers being required to destroy records after the minimum period has lapsed.
While you may have some medical records or patient literature in your possession, you will need to sign a medical records release authorization to obtain your actual records. As a patient, you are entitled to your medical records, but the provider or hospital can charge you a nominal fee. Under the federal HIPAA privacy rule, providers must provide patients copies of any requested records within 30 days.
Claims or Explanation of Benefits (EOB)
A claim is a bill that is submitted by a provider to your insurance company detailing services rendered. In turn, insurance will send you an Explanation of Benefits (EOB), which explains what your provider charged, the allowed amount (the contracted amount approved by insurance), what insurance covered, and the remaining balance (what you owe). An EOB is not a medical bill, but rather a listing of the claims that have been filed under your plan.
Medical Bills
To demonstrate your compensable losses, you will need to submit all medical bills related to your medical malpractice claim. Your medical expenses will demonstrate the severity of your injuries, while also establishing your financial losses. Medical bills compose the vast majority of damages in a malpractice claim, allowing your attorney to negotiate a fair settlement.
Death Certificate
If medical malpractice results in a person’s death, family members may consider taking legal action. To file a wrongful death claim, you will need to obtain the death certificate and provide it to your attorney. South Carolina allows a decedent’s immediate family member or their legal representative to request a copy of the death certificate online. There is a non-refundable expedited search fee of $17, with each additional copy costing $3. The average processing time takes five to seven business days.
Out-of-Pocket Costs
Your injuries will result in ongoing medical expenses, including medications, mobility aids, and home modifications. These costs will not be itemized in a bill, but can add up quickly. In the case of permanent disability, stair lifts, grab bars, and widening doorways may be necessary, costing tens of thousands of dollars.
Speak with a South Carolina Medical Malpractice Attorney Today
At Parham Smith & Archenhold LLC, our South Carolina medical malpractice lawyers have seen the impact that medical mistakes can have on once vibrant individuals. If you or a family member has been impacted by medical negligence, our legal team is available to pursue justice on your behalf. Our team of experienced professionals believes that a physician should be held accountable for their wrongdoing, whether that means settling out of court or taking your case in front of a jury. If you are interested in scheduling a free consultation or to learn more, contact us online or by calling (864) 432-1796.