Medical errors cause severe harm far too often. According to Johns Hopkins Medicine, medical mistakes rank at number 3 for leading causes of death in the United States. Additionally, the Journal of Patient Safety reports that between 210,000 to 440,000 patients each year are the victim of a medical error that causes their death. If you or a loved one has been the victim of medical malpractice, you likely feel confused, angry, and overwhelmed. Here are 5 important steps to take if you believe you have suffered medical malpractice due to a healthcare provider’s negligence.
Get Your Medical Records
Request copies of all your medical records from the hospital, clinic, or doctor’s office. These documents will be crucial in investigating what happened and determining if malpractice occurred. Be sure to get records from before, during, and after the incident, including diagnostic tests, doctor’s notes, surgical reports, medication lists, and nurse’s notes. Review the records thoroughly yourself and have them evaluated by an independent expert who can explain the terminology and identify any red flags. Spotting discrepancies, oversights, or protocol violations early is key.
Document Everything
Write down every detail you can remember about the circumstances surrounding your injury and interactions with all healthcare providers involved. Document the full names of doctors, nurses, specialists, technicians, and hospital staff, along with dates and times of appointments, procedures, treatments, and hospital stays. Note any confusing or concerning events, comments made by staff, symptoms you reported, and changes in your condition. Details like administering treatment without reading charts properly or failing to pass on test results are important. Comprehensive notes will help investigators and attorneys piece together a timeline and identify omissions in care.
Consult With A Medical Malpractice Attorney
Schedule a consultation meeting with an experienced medical malpractice attorney as soon as possible after the incident. An estimated $56 billion is spent on medical malpractice payouts each year.
An attorney can analyze your case and provide expert guidance on whether you have grounds to pursue legal action. They will assess if standards of care were breached, help determine when negligence may have occurred, and advise if you should file a claim. If you do have a case, your medical malpractice lawyer can walk you through the complex litigation process, deal with the hospital’s legal team, and maximize your chances of obtaining a settlement.
Get Second Opinions
Schedule appointments to meet with one or more independent specialists to get their unbiased professional opinion about your treatment and condition. Second evaluations from doctors unaffiliated with those who already treated you can provide objective insights about whether errors were made. Specialists in your specific condition are best suited to spot potential oversights in care. Voicing the concerns you have about your treatment can prompt them to perform additional tests or evaluations that may uncover problems overlooked initially. Their clinical perspectives can greatly bolster a malpractice investigation.
Don’t Rush Important Decisions
Being the victim of medical negligence can make you feel powerless and eager for fast action. However, it is often wise not to rush pivotal decisions when emotions are running high. Take time to breathe, process your options, and make informed rational choices. Consult with trusted loved ones and a malpractice attorney before committing to a legal course. Reflect carefully before signing any settlement agreements. Making hurried decisions without understanding the long-term consequences could negatively impact your case. Allow yourself time.