It can happen to anyone: you have a medical procedure, and the outcome is not a good one. The procedure may have been planned or done on an emergency basis; it may have been necessary or elective. Whatever the circumstances, you were almost certainly warned beforehand that medical treatments carry risk, that there is no guarantee of the procedure’s success, that there could be complications. Even so, you might have the feeling that something went wrong—something your medical team could have prevented.
Perhaps you developed an infection after surgery. Or you discover months later that you have a serious condition that you suspect your doctor should have caught earlier, and the delay reduced your chance of recovery. You can’t help thinking that your providers committed medical malpractice, but you can’t be sure. What do you do?
Unfortunately, some people delay taking action for too long, and the statute of limitations on any claim they may have had runs out, meaning they can no longer file a claim. It’s important to act quickly if you suspect medical malpractice—but what actions should (and shouldn’t) you take?
One thing you should consider doing is to request a copy of your medical record from your health care provider as soon as possible after your test or procedure. If your doctors or care team made a mistake, it is best that they not have the opportunity to make any changes to your record after they learn that you intend to file a claim for medical malpractice. Changing a medical record after the fact, especially to avoid potential liability is illegal—but that doesn’t mean it never happens.
You have a right to request a copy of your medical records. You don’t have to provide a reason, although you may be charged a nominal fee for copying. Simply find out what the procedure is for requesting your records and do so, with a minimum of additional communication.
If you are suffering from a medical issue, it is a natural impulse to want to contact your care provider and consult with them about it. After all, you have turned to them with your medical needs in the past. You may simply want to understand if what you are going through is normal, or you may want to demand an explanation from them.
While it is understandable that you would want to turn to them with your medical questions, you should resist. Seek care from another provider if at all possible, and do not talk to the provider who may have injured you. You do not want to tip them off to the fact that you may have a claim against them.
If you think your doctor or care provider committed medical malpractice, it’s important not only to get a copy of your medical record, but keep good records of your own. Keep a journal, noting how you are feeling each day, and things that you struggle with or are unable to do on your own. In addition, keep a file with any bills for medical treatment that you may have needed as a result of the problem your doctor caused. If your injury is a visible one, take pictures.
If you do ultimately file a claim for medical malpractice, having kept a daily or near-daily journal will allow your attorney to see—and prove—how your life has been affected by your injury. You may think that you will remember everything, but it’s likely that you will forget some specifics. A journal will record those important details. And keeping copies of your medical expenses will help to document the economic damages you have suffered.
If you have been injured by potential medical malpractice, your injury is probably a big part of your life. When something big is going on in our lives, what do we usually do? Talk about it. That includes going on social media.
A medical injury is infuriating, and it’s tempting to go online and vent about what you think your doctor did. Don’t tag the provider in an angry post on Twitter; don’t threaten on Facebook to “take that quack doctor for everything he’s worth.” Regardless of your privacy settings, these statements can come back to haunt you. Medical providers and their insurers generally have good, experienced attorneys, and these attorneys will use your communications to discredit you if at all possible.
In fact, don’t talk to anyone (other than your attorney) about your claim or the progress of your medical malpractice case. To the extent you must talk about your injury, keep communications limited to how you are doing personally—nothing to do with your legal claim.
One of the biggest mistakes people make is failing to talk to a medical malpractice attorney until they are absolutely certain they have a claim. The reason that is a mistake is because a knowledgeable attorney is in the best position to help you discover if you have a claim and to help you successfully recover for your injury. It’s rarely a good idea to try to represent yourself in a lawsuit, and it’s an especially bad idea in a medical malpractice case. These cases are notoriously complex, often drawn out, and as mentioned above, the other side has strong legal counsel. You need an experienced medical malpractice attorney on your side to level the playing field. In addition, if you are still suffering from your injury, your attention and energy needs to be on healing, not the red tape involved in a complicated legal claim.
The sooner you consult a medical malpractice attorney, the sooner they can lift that burden off of your shoulders, and help you understand what you should and should not do to advance your claim. To learn more, contact The Fraser Law Firm P.C. to schedule a complimentary, no-obligation consultation.
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