What to bring to a first meeting with a malpractice attorney

Bring copies, not originals, of the records and papers you already have, a short written timeline of what happened, a list of every provider involved, and your questions. You don’t need a complete file or any medical or legal conclusions before a first meeting. The attorney’s job is to work out what else is needed.

Use the checklist below to gather what you can. Keep your own set of everything, and share it only with the attorney you’re meeting.

The checklist

Tick off what you have. Missing items are normal at this stage.

1. A one- or two-page timeline: what happened, in date order, in your own words. Our guide to what to do after a possible medical mistake explains what to write down.
2. A provider list: each doctor, hospital, clinic, lab, pharmacy, and imaging center involved, with addresses and the dates you were seen. Include providers who treated you afterward.
3. Medical records you already have: visit notes, hospital and discharge papers, test results, imaging reports, and portal printouts.
4. Your records requests: copies of any requests you’ve sent, with the dates, and any replies or denials.
5. Bills and insurance papers: itemized bills, explanation-of-benefits statements, and letters from any insurer.
6. Medications: if a medication was involved, the container and label, or clear photos of both.
7. Photos: dated pictures of any visible injury, ideally taken over time.
8. Written communications: letters, emails, and patient-portal messages to and from the providers.
9. Anything you signed or were asked to sign: consent forms you have copies of, and any release, waiver, or settlement paperwork.
10. Work and daily-life effects: records of missed work and notes on how daily life has changed.
11. If you’re acting for someone else: the document that gives you authority, such as a power of attorney or guardianship order, and for a person who has died, the death certificate and any court papers naming a personal representative.
12. Your list of questions (see below).

Records you don’t have yet

Don’t postpone the meeting while you wait for records. Under federal HIPAA rules, a provider generally has 30 days to act on your request, with one possible 30-day extension (45 C.F.R. § 164.524(b)(2)), so records can take a while to arrive.

Bring a list of what you’ve requested and from whom. If you later hire an attorney, you can direct a provider to send copies straight to them: the request must be in writing, signed by you, and say clearly who gets the copy and where to send it (45 C.F.R. § 164.524(c)(3)(ii)). Our guide on how to get copies of your medical records walks through the request step by step.

Dates the attorney will ask about

Deadlines for medical malpractice claims are set by state law and differ from state to state, so an attorney will want specific dates. Two examples:

• Florida: an action generally must be started within 2 years from the incident, or from when it was discovered or should have been discovered, and no later than 4 years from the incident, with exceptions (Fla. Stat. § 95.11(5)(c)).
• Arizona: a medical malpractice action must be brought within two years after the cause of action accrues, subject to exceptions (A.R.S. § 12-542).

Only an attorney licensed in your state can tell you which deadline applies and when it started. Help them by writing down:

1. the date of the care you’re concerned about;
2. the date you first noticed a problem;
3. the date anyone first told you, or you first suspected, that something may have gone wrong, and who said it;
4. the dates of any later treatment for the same problem.

Approximate dates are fine. Write “around mid-June” rather than guessing an exact day.

Questions to bring

A first meeting goes both ways. Write your questions down so you don’t forget them under stress. For example:

• Which state’s law applies, and what deadlines could affect this?
• What other records or information will you need from me?
• Will a medical expert need to review the records, and when would that happen?
• What are the next steps, and how long does each one usually take?
• Who will I be working with day to day, and how will you keep me updated?
• If you decide not to take this on, will you tell me in writing?

How to organize what you bring

1. Make copies. Bring copies and keep the originals at home.
2. Put everything in date order. One folder, oldest first, is easier to follow than piles sorted by type.
3. Add a simple index. A one-page list of what’s in the folder helps you both find things.
4. Keep digital files together. If records came electronically, put them in a single folder or drive and bring it.
5. Leave the documents as they are. Don’t write on, highlight, or mark up copies you plan to hand over. Put your comments on sticky notes or in your timeline instead.

What you don’t need to bring

• A conclusion. Whether the care fell below the standard, and whether that caused the harm, is what an attorney, usually working with a medical expert, looks into.
• Every record. Bring what you have and a list of what’s still coming.
• Legal terms. Describe what happened in plain words.

After the meeting, write down what the attorney told you and any dates they mentioned. If they decline, our guide on why attorneys turn down medical malpractice cases explains common reasons. To learn how our service will connect people with participating attorneys, see how it works.

Sources and corrections

We wrote this guide from the primary sources below and checked it against them on September 25, 2026.

• 45 C.F.R. § 164.524: HIPAA right of access, response time, and sending copies to a person you choose
• Fla. Stat. § 95.11: Florida time limits for medical malpractice actions
• A.R.S. § 12-542: Arizona time limit for personal injury, including medical malpractice

We are not attorneys, and this guide is not legal advice. Laws change and differ from state to state. If anything here is out of date or wrong, email support@malpracticeattorneys.com with the page name, and we’ll review it and update the page.