If you suspect you’ve been harmed by medical malpractice in one of its many forms, you might have the chance to use legal action to try to set things right. To begin, you should act quickly and follow a few important steps that can help preserve the legitimacy of any medical malpractice claim you want to file later.
Step 1: Recognize the Signs of Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide care that aligns with industry standards, resulting in harm to the patient. Understanding the signs of medical malpractice can help you decide when to take additional steps toward legal action.
Some common telltale signs of medical malpractice include:
- Unexpected complications during or after treatment that your doctor cannot reasonably explain.
- Worsening of your condition despite receiving treatment.
- Receiving a misdiagnosis or delayed diagnosis that led to preventable harm.
- Surgical errors, medication mistakes, or failure to treat a recognized issue.
Don’t ignore your instincts. If something feels wrong about the care you received and it caused harm, it may be worth investigating further.
Step 2: Document Everything
Thorough documentation is a building block of any medical malpractice claim. The more records you have, the stronger your case can become with the guidance of a medical malpractice lawyer.
Documents that you’ll want to note, copy, or create if you suspect medical malpractice include:
- Medical records such as test results, prescriptions, treatment plans, and discharge summaries.
- Conversations with medical professionals, noting details about what was said and when.
- Your medical history and details about your symptoms before and after treatment.
- Personal journal that tracks your symptoms, complications, and financial impacts (like additional medical bills or lost wages).
Step 3: Seek a Second Opinion
If you believe your medical care was inadequate or otherwise erroneous, consider consulting another medical professional about what happened. A second opinion can help confirm whether mistakes were made or provide clearer insight into your condition.
For example, a second doctor might identify a misdiagnosis by reviewing your symptoms and test results; or they may highlight gaps in your initial treatment plan, such as missed procedures or improper medications. Having a second opinion can also strengthen your legal case by providing expert validation that your initial care fell below acceptable medical standards.
Step 4: Avoid Confronting the Medical Provider Directly
It may feel tempting to confront the doctor or hospital that provided negligent care, but doing so can hurt your case and make everything worse. Medical facilities often have legal teams that will work to minimize liability, and anything you say could potentially be used against you. Instead, leave all communications with the medical provider up to your medical malpractice attorney, who will know how to approach the situation tactfully.
Step 6: Consult with a Medical Malpractice Attorney
Once you feel like you have been harmed through medical malpractice and want to take legal action in response, even if you didn’t follow all the aforementioned steps, your next step should be to talk to an attorney in your area. With a lawyer leading the way and by your side, you can determine if you have the grounds to start a claim and what needs to be done next if you do.
At James Wood Law in Albuquerque, New Mexico, we focus solely on medical malpractice cases filed for injured plaintiffs. We understand both the medical and legal nuances needed to prepare a compelling case on your behalf. Whenever you want to talk to a legal professional about your options, we’ll be standing by.
Initial consultations are always free for inquiring medical malpractice clients. Schedule one by dialing (888) 579-3866 now.