Steps to Take After Medical Malpractice

Updated on September 15, 2020
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When someone goes to a doctor, not getting the right treatment is the last thing on their mind. Unfortunately, medical malpractice is more common than you think.

Medical malpractice or negligence occurs when a patient is put at risk of injury or death due to mistreatment. Surgeons and doctors are not the only ones who can be held liable for malpractice. Pharmacists, nurses, anesthesiologists, technicians, and even hospitals and medical centers can all be put under scrutiny.

If you suspect you’re a victim of medical malpractice, here are some tips on how you should move forward to successfully hold the responsible parties accountable.

Don’t contact your doctor or hospital first

When suspecting medical malpractice or negligence, it is understandable that the patient would like to talk to the doctor or the hospital or medical care provider about it as soon as possible. But this isn’t advisable.

Along with filing time constraints, medical malpractice lawsuits  have time frames for notices. In a case discussed by the National Law Review, a patient sent an informal letter to a hospital which detailed her injury due to medical negligence. She also stated that if she didn’t receive the monetary compensation requested in the letter, she would “move to court”. This letter marked the beginning of the statute of limitations and she wasn’t able to file a lawsuit within the time frame.

Get a second opinion

Instead of contacting the medical professional you suspect of malpractice, get a second opinion from another professional. This is especially important as an error can affect a patient’s health and further treatment. Another doctor may be able to treat the damage caused by the malpractice. Another healthcare professional will also go through your medical records and be able to determine the extent of the error.

Contact a medical malpractice attorney

Medical malpractice attorneys will protect a patient’s legal rights and guide them through the process of filing a lawsuit. There are statutes of limitations in place for medical malpractice lawsuits, so it’s important to get in contact with an experienced medical malpractice attorney as soon as possible. There are different types of attorneys – those that defend doctors and those that represent patients. Make sure you hire an attorney like those at the Tinker law firm. Hiring an attorney will mean not having to worry about the investigation of the case while also recovering from the injuries.

Don’t talk to others about the case

Do not discuss the case with any other parties involved. Your attorney should be the only one you should be communicating with regarding the case. Any other contact may be used against you in court. Additionally, avoid using social media. Make all your accounts private and even after that, avoid posting anything about the case, as it could be  used by the defendant.

Being a victim of medical malpractice can be scary. But knowing what to do and what not to do after can help you when dealing with the medical and legal repercussions. A second opinion and an experienced attorney can make the whole ordeal a lot more manageable.

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The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.