What to Bring to Your First Medical Malpractice Consultation

Have you or a loved one suffered harm from a medical professional’s mistake? It can be overwhelming. Chances are good that you’re dealing with ongoing treatments and lost wages. You likely have a hard time trusting your doctors now, too.

Scheduling a consultation with an experienced Virginia medical malpractice attorney is an important first step. However, you should also know how to prepare for that consultation. One of the most important ways to do that is by gathering the right documents and information before your consultation.

In this guide, we lay out a practical medical malpractice prep checklist, so you’re fully prepared to meet your attorney.

Why preparation matters

A first consultation goes beyond telling your story. This is also a chance for the attorney to assess your potential claim. It’s important that they have the details so they can determine if you have a case under Virginia medical malpractice law.

Why do records matter? Having the right information can:

• Accelerate the consultation
• Give the attorney a clear picture of the timeline
• Highlight potential medical errors, as well as missing information or documents
• Let your attorney get to work building the case right away

Don’t have everything on the list below? Don’t worry. Just bring what you can. A good malpractice attorney will help you track down any missing materials during the early stages of the investigation.

Your medical malpractice prep checklist

Here’s a breakdown of what to bring to your VA malpractice consultation, along with some tips on how to organize it.

1. Medical records

Bring any medication records related to the incident in question. These should explain what happened, what was done or not done, and how your health has been affected.

Bring copies of:

• Records from the provider you believe committed malpractice
• Test results (lab work, X-rays, MRIs, etc.)
• Hospital discharge papers
• Emergency room notes
• Prescription records
• Any notes/records from follow-up care or specialists

Don’t have these records yet? Make a list of the doctors and facilities. Your attorney can request them directly with your authorization.

Tip: Organize records chronologically to make the timeline easier to follow.

2. Dates of treatment and events

If you have it, bring a calendar or a list of dates of treatment and relevant events so we can see the timeline.

3. Photographs or videos (if applicable)

Visual evidence can help document the severity of your injuries or the progression of your condition. If you took photos or videos of:

• Visible injuries (burns, surgical site infections, etc.)
• Medical equipment used at home (like IVs, braces, or mobility aids)
• Progress of recovery or worsening condition

You can bring them on your phone, USB drive, or as printed documents. Make sure to note the dates they were taken.

4. List of medical providers and facilities

Prepare a list of all doctors, nurses, specialists, hospitals, and clinics involved in your care, both before and after the incident.

Make sure to include:

• Full names
• Facility names
• Addresses and contact information (if available)
• Dates of treatment or visits

This helps your attorney understand the scope of your care and who may be legally responsible.

5. Insurance information and communication

Bring a copy of your health insurance card and any paperwork from your insurance provider related to:

• Claims filed
• Denials or appeals
• Explanation of benefits (EOBs)

If you’ve had any conversations with insurance representatives about the incident, take notes or print out those emails. These details can help your attorney understand your current financial position and identify any potential reimbursement issues.

6. Bills, receipts, and out-of-pocket expenses

Medical malpractice cases often include a claim for economic damages, meaning the money you’ve spent or lost as a result of the injury.

Bring documentation of:

• Medical bills (hospital stays, doctor visits, surgeries, medications)
• Therapy or rehabilitation costs
• Transportation expenses related to care
• Lost wages or missed workdays
• Costs for home care or medical equipment

Keep these documents together. They help show the financial impact of the malpractice.

7. Correspondence with medical providers

If you’ve received letters, emails, or phone calls from the provider involved, bring those records. This includes:

• Apology letters
• Follow-up instructions
• Requests to sign releases or waivers
• Statements made by a provider that something “went wrong”

These communications can sometimes contain important admissions or show that the provider was aware of the issue.

8. Legal documents (if applicable)

If you’ve already filed a complaint, signed any waivers, or were contacted by the provider’s legal team, bring any documentation you received.

Also, if another attorney previously reviewed your case, bring notes or paperwork from that consultation.

What if you’re helping a loved one?

If you’re preparing for a consultation on behalf of a spouse, child, or deceased family member, bring documents that show your legal relationship and right to act on their behalf. This may include:

• Birth certificates (for children)
• Healthcare power of attorney
• Death certificates
• Guardianship paperwork
• Medical proxy or next-of-kin documentation

This helps make sure the attorney can legally discuss the case with you and take the necessary next steps.

Questions to ask during your consultation

A medical malpractice consultation goes beyond providing information. Take the opportunity to ask questions and get clarity. Consider asking:

• Do I have a valid medical malpractice claim under Virginia law?
• What are the deadlines for filing a claim?
• What will the legal process look like?
• What costs or fees should I expect?
• What experience does your firm have with malpractice cases?

Preparation is important

Preparing for your VA malpractice consultation may feel intimidating, but bringing the right information can make a world of difference. A little preparation now can help your attorney understand your case faster, identify strengths or challenges, and move forward with a solid plan.

If you’re not sure whether you have a case or need help gathering documents, that’s okay. You don’t need all the answers before your first meeting. Just take the first step, and we’ll walk with you from there.

Schedule your free consultation with a Virginia medical malpractice attorney

At Phelan Petty, we’re here to listen, support, and advocate for those harmed by medical negligence in Virginia. If you believe you were injured due to a provider’s mistake, call us today or fill out our online form to schedule a free consultation.