What Preserving Evidence in Medical Malpractice is about

Records, photos, messages, devices, and witness notes.

Preservation means keeping originals, native files, photographs, messages, and devices unchanged when they may later matter to counsel or an expert.

Documents to have ready

  • Complete chart, not just a patient-portal summary
  • Itemized billing and procedure records
  • Portal messages, call logs, and discharge paperwork
  • Imaging and laboratory reports plus source images/data when available
  • A separate patient-created chronology that does not alter originals

Questions before acting

  • Which providers and date ranges are still missing?
  • Are there original images, monitoring strips, or device logs that need separate requests?
  • What should be preserved immediately?
  • Which records should not be annotated or altered?

How it connects to the larger case

Medical malpractice procedure sits on top of the underlying medical proof. Counsel may need to coordinate state-law requirements with expert review, causation, damages, and the treatment record before deciding the next step.

Related process topics

Check official and primary sources for current rules.