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What Medical Records Do You Need to Support a Medical Malpractice Claim in Maryland?


If you have been the victim of medical malpractice in Maryland, you are entitled to compensation for your injuries. However, you will need to prove your case with the help of your medical records.

Fortunately, our Maryland medical malpractice lawyers can help you obtain copies of your medical records and how to use them in your case. You will likely have numerous medical records, both from the medical professional that injured you and the doctors that treated you after. Each record could be vital to show where and how your medical malpractice injuries happened.

For a free case review with our Baltimore medical malpractice attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

What Types of Medical Records Do You Need for a Medical Malpractice Claim in Maryland?

Medical records are an essential part of a medical malpractice claim in Maryland. These documents are necessary to prove the facts of your case, including when you went to the doctor, what happened during your appointment, and what was done to treat your injuries.

In addition, medical records can be used as evidence in court to show that you were hurt while receiving medical treatment, such as when a doctor or hospital fails to diagnose or treat a condition properly. Our Harford County medical malpractice attorneys will be able to use this evidence to help recover the compensation you deserve. You will often have copies of the following records from the medical provider that injured you and the healthcare professionals that treated you after your malpractice injuries.

Emergency Room Records

If you were treated at an emergency room, then records from that visit could be important to your case if you believe your malpractice was committed during this phase of your treatment. These documents provide information about your symptoms and other details regarding how long you waited before being seen by a doctor or nurse. Emergency rooms are sometimes known to be chaotic places, increasing the chances of a malpractice injury.

Hospital Records

Once a patient has been admitted to the hospital, doctors will continue their treatment plan based on what they find in their initial examination. Blood work may be ordered to check blood pressure or test for certain diseases, while other tests might be performed to check organ function and look for signs of infection. These records can also show if a required treatment was not provided or provided too late. Hospital records are often the most important in a medical malpractice case because they help show how a medical professional deviates from the professional standard of care they are held to.

Diagnostic Tests Records

One type of record that is often required for a medical malpractice lawsuit is diagnostic test records. These records can include X-rays, MRI scans, and CT scans, among other types of tests. They provide information about injuries sustained by the patient and help doctors determine what treatments should be administered next. You likely received further diagnostic testing when treated by the doctor after your malpractice injuries. You will need both in your case to compare and determine how your malpractice occurred.

Surgical Records

If you underwent surgery with a doctor who performed an operation incorrectly or caused a hospital infection, your surgical records would help prove malpractice. These records typically include information about what type of surgery was performed, where it took place, and how long it took for the procedure to complete. They should also include any post-operative instructions given by the surgeon and any complications that arose during surgery or afterward. If the record does not contain a note about complications, it could be because the surgeon failed to notice the issue, where the malpractice would have occurred.

Surgical records should include all names of the healthcare providers that participated in your procedure and the steps they took to prepare and sterilize the surgery site. This is incredibly important since other medical professionals besides the surgeon could be liable for your injuries, including nurses and anesthesiologists.

Records of Pre-Existing Conditions

Suppose you have any pre-existing conditions or injuries you suffered before your medical malpractice occurred. In that case, it is important to have records of pre-existing conditions to show that they are unrelated to your current malpractice case. You can be sure that defense attorneys and insurance companies will review your records to see if they can blame your current injuries on a pre-existing condition. This way, they can argue that your malpractice injuries are actually caused by your pre-existing condition. The best way to get around this issue is by providing medical records like the ones listed above that show your pre-existing condition is unrelated to your current harm.

Other Specialist Records

At some point during your treatments, you might have also visited other specialists to provide specific types of care. For instance, if you have received physical therapy services, you will want copies of your progress notes and treatment plans as well as any X-rays taken during these sessions. You might also have seen a chiropractor, which likely would have been in a different location from where your doctor treated you.

Of course, one of these specialists could be responsible for your malpractice injuries, making these records vital to your case. For example, if your doctor recommended physical therapy for you but never provided it, or if they said they would see you every week but only saw you twice in six months, this would be relevant evidence in your case.

Further, you will also want to keep records of any medications you were prescribed during your treatment. It is important to keep track of when you got your prescription and how much of the substance was prescribed. Medical malpractice injuries are commonly caused by overdoses from overprescribing and failing to prescribe a medicine the doctor should have.

Do You Need Records of Medical Bills to Recover Compensation in Your Medical Malpractice Claim in Maryland?

Your treatment records are only one component of your medical malpractice claim in Maryland. It is also important to save any medical bills, invoices, and other receipts you received during the course of your care. While your medical records will help show how your injuries occurred, your medical bills will help determine how much you should be compensated. Without records of medical bills, it is difficult to show that you suffered financial damages because of your injuries.

Our Maryland Medical Malpractice Attorneys Can Help

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case consultation with our Maryland medical malpractice lawyers.