Not all healthcare professionals provide the standard of care expected in their field, resulting in harm to patients, and around 7.4% of physicians are hit with a medical malpractice lawsuit each year – although this depends on specialty, with surgeons more at risk than family doctors. If you believe you or a loved one has been a victim of medical negligence, taking the right steps immediately and contacting a medical malpractice attorney can protect your health and legal rights.
Document Everything Thoroughly
The foundation of any potential malpractice case lies in comprehensive documentation. Begin by gathering all medical records related to your treatment, including test results, prescription information, treatment plans, and discharge summaries. Request copies of your complete medical file from all healthcare providers involved in your care. A BMJ study found that a failure to diagnose was a common cause of medical malpractice lawsuits, with around 800k people dying annually because of diagnostic errors.
Keep detailed notes about your symptoms, treatments received, and any conversations with medical staff. Include dates, times, and the names of healthcare providers you spoke with.
Seek Immediate Medical Attention
If you’re experiencing ongoing symptoms or complications from suspected malpractice, seek immediate medical care from a different healthcare provider or facility. Don’t delay treatment out of fear or uncertainty about your legal options – medication errors lead to 1.5 million injuries each year in the US.
A new medical team can provide a fresh perspective on your condition and may identify errors in your previous treatment. They can also help stabilize your health and prevent further complications. The new medical records created during this process will also serve as important evidence, as they may document the extent of harm caused by the original treatment.
Consult with a Medical Malpractice Attorney
Medical malpractice cases are complex and require specialized legal expertise. Contact an experienced medical malpractice attorney as soon as possible, as there are strict time limits (statutes of limitations) for filing these claims, which vary by state. Attorneys such as Jon Mani understand the challenges involved in proving negligence and can help victims pursue compensation for medical errors and preventable harm.
Most reputable malpractice attorneys offer free initial consultations and work on a contingency fee basis, meaning you won’t pay attorney fees unless your case is successful. During your consultation, bring all documentation you’ve gathered. The attorney will evaluate whether your case has merit and explain your legal options. They can also connect you with medical experts who can review your case and provide professional opinions about the standard of care you received.
Obtain an Independent Medical Opinion
Having an independent medical expert review your case is often essential for establishing malpractice. This expert should be qualified in the same specialty as the healthcare provider you believe committed malpractice. They will evaluate whether the care you received met accepted medical standards and whether any deviations from these standards caused your injuries.
Your attorney can help arrange for this expert review, but you may also seek a second opinion independently.
Avoid Discussing Your Case Publicly
While it’s natural to want to share your experience, avoid discussing your potential malpractice case on social media or with anyone other than your attorney and new healthcare providers. Insurance companies and defense attorneys often monitor social media accounts and may use your posts against you.
Taking these steps promptly and methodically will help protect your rights and improve your chances of achieving a favorable outcome if you decide to pursue a malpractice claim.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
