Medical errors affect millions of people every year, often causing injury and death. When a medical error is caused by negligence, it can be considered malpractice. If you’ve experienced suspected medical malpractice, it’s important to take action right away. What you do can shape the outcome of your situation both financially and emotionally.
Here’s what to do next.
1. Consult with a medical malpractice attorney
Medical malpractice isn’t something to fight on your own. Whether you end up filing a lawsuit or negotiating with a provider directly, not having legal representation is a quick way to lose. A qualified attorney can spot key issues, estimate the true value of your case, and guide your next steps accordingly. The best part is that most medical malpractice attorneys work on contingency, which means you only pay them if you win.
An attorney will hire medical experts to explain how your experience violated the accepted standards of care. Without expert medical testimony, it’s hard to prove malpractice. Even more importantly, a lawyer will negotiate a settlement on your behalf. Most cases settle before going to trial, and without experience, you’re unlikely to get fairly compensated.
“Medical malpractice cases can be overwhelming for patients and families. The truth is, most people don’t realize how much documentation, expert testimony, and legal strategy goes into building a strong case,” according to Eric Lamanna of Law.co.
“Acting quickly and securing representation is essential because delays can make it harder to prove negligence and recover fair compensation.”
2. Gather your medical records fast
Secure a full copy of all your medical records as soon as possible. Get every report, diagnosis, prescription, referral, note, log, lab result, imaging scan, and even your discharge summary. In most cases, you’re entitled to your medical records within 30 days.
Contact the medical records department for every provider you’ve seen and ask for everything. Take note of the date you request your records and when you receive them, in case you’re asked later on. And be prepared to pay a reasonable copy fee to receive your records.
Even if your medical records don’t seem like much, they could be crucial to your case. Everything from physician decisions to timelines can become critical aspects of proving your case.
3. Seek a second medical opinion as soon as possible
Getting a trusted second opinion from another doctor or specialist can support your case. A second opinion might reaffirm your concerns or clear them. If another doctor confirms your situation, your lawyer will need that to build your case.
When seeking a second opinion, avoid doctors from the same practice. Find an expert with experience diagnosing your specific condition. Give them all your medical records and explain your concerns, whether it was a missed diagnosis or unexpected complications. Get their assessment in writing and give it to your attorney.
4. Document everything
In addition to your medical documents, your personal notes can be powerful. Start a daily journal right away and log every appointment, symptom, and phone call related to your situation. Include dates, times, and durations for all phone calls. Gather and print all emails if applicable. And if you have any voicemails, record them from a separate device and save the file so it doesn’t get lost.
It’s equally important to track your out-of-pocket costs for medication, transportation, and therapy. Being able to prove your expenses can help justify higher compensation.
5. Prepare to settle
Since most medical malpractice cases settle out of court, be prepared for this possibility. However, don’t accept any kind of settlement offer without consulting an attorney. Your lawyer should be the one handling the negotiations.
If your lawyer tells you it’s best to settle but you want to go to trial instead, keep in mind that juries can be unpredictable, especially in emotional cases. Although some juries award victims enormous settlements in the millions, that doesn’t always happen. Sometimes juries go the other way and provide limited compensation. Follow your attorney’s advice for the best outcome.
6. Take care of yourself
Pursuing a medical malpractice lawsuit is draining. Between doctor visits, requesting records, meeting with lawyers, and trying to keep your personal life together, self-care can slip. Seek emotional support from your friends and family or see a professional counselor. Stress and trauma can have a serious impact on your wellbeing and it’s important to keep it under control.
If you’re experiencing financial trouble because you can no longer work, start applying for benefits right away. Start with short-term disability through your employer and apply for Social Security Disability Insurance (SSDI) if your condition qualifies.
Don’t waste time – act now
If you suspect you’ve been the victim of medical malpractice, don’t wait any longer to contact an attorney. Start gathering your medical records, track your experiences, and get a second opinion to strengthen your case. The sooner you act, the faster you can get the compensation you deserve.
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