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5 Steps to Take if You Suspect Medical Malpractice – Legal Reader

You should talk about the medical malpractice only with your second doctor and your attorney. Your first medical facility shouldn’t be able to get any information from you.


An action is regarded to be medical malpractice when your doctor doesn’t treat you correctly or fails to take the required decision according to medical standards, or if you’re given a medically substandard treatment with the potential to result in harm, injury, or even death.

Standards and regulations for medical malpractice may differ from one country or state to another. Take note that the law requires your doctor to duly follow the set regulations within your country or state. Tried-and-true treatments that turn out to be ineffective for you aren’t an indication that your doctor is questionable—medical malpractice applies only in situations where you haven’t been given quality medical care.

Some of the types of medical malpractice out there are anesthesia errors, delayed or improper diagnosis, delayed treatment, failure to follow up after treatment, wrong dosage, surgical errors, and unnecessary surgery.

When you start suspecting your doctor of medical malpractice, follow the steps below to secure yourself in case their actions have affected your health.

  1. Change Your Doctor 

Sound health comes first. To avoid being exposed to more medical errors, visit another doctor who may take the necessary steps to correct the treatment or diagnosis mistake. Your new doctor may ask for your medical records to be able to conduct the necessary tests and provide a different diagnosis. 

Afterward, you might be put under a new treatment plan so you can recover from your first doctor’s mistake. Your second doctor may also deal with any complications that might have resulted from your previous doctor’s error.

  1. Ask For Medical Records 

These records contain information about the symptoms you had when you visited the medical facility, your test results, and the type of medication you’ve been given. This data is important since it can prove that your doctor was involved in medical malpractice.

Medical records; image courtesy of www.med.navy.mil.
Medical records; image courtesy of www.med.navy.mil.

Suppose you were having chest pains when you were received in the emergency room. The medical history handed over to the doctor clearly reveals that many members of your family have had heart-related conditions, but the doctor chose not to conduct tests to determine whether you’re suffering from the same issues. Unfortunately, you ended up being treated for anxiety when the right diagnosis should’ve been a heart attack.

In that situation, your health records would show that your medical practitioner was ignorant for failing to study your medical history, thus giving you an incorrect diagnosis. Ensure that you have this information before your lawyer files the medical malpractice case because the doctor might alter the medical data.

  1. Keep a Journal

Start a journal of your medication journey, and mention as many details about your health as you can. In case you’ve experienced some complications due to the medical error, jot down your symptoms. Include other problems caused by the mistake such as losing your job while you were seeking proper medical treatment.

Your journal needs to be updated daily to reflect every symptom and any related consequences. Those details will help you greatly when you’re pursuing justice in court.

  1. Contact a Lawyer 

Medical malpractice lawsuits are as complex as they come. Thus, take the time to find an experienced personal injury lawyer who can address all of your legal needs. Arrange for a physical meeting with your attorney and thoroughly discuss your circumstances with them before signing a contract with them.

You can visit this website or others like it in order to hire a personal injury attorney in your local area. Ensure that you have your journal and medical documents and give copies of them to your attorney. Your lawyer will use them to research your doctor’s medical malpractice and file a case for you. Cooperate with your lawyer in case more information is needed to back your claim.

  1. Avoid Contacting Other Parties 

You should talk about the medical malpractice only with your second doctor and your attorney. Your first medical facility shouldn’t be able to get any information from you. Also, avoid mentioning anything related to the case on social media. Parties wanting to contact you, such as the insurance company of the defendant, should get in touch with your attorney instead.

Final Remarks 

These steps will allow you to make sure that your lawsuit progresses smoothly. It’s a must for you to work closely with your personal injury lawyer and provide all the required information. A professional and reliable lawyer may be able to ensure that you receive justice for the harm your doctor has caused. Because of the penalties involved in such cases, medical malpractice incidents are on the decline. However, you should still be careful about which doctor to trust so you don’t put your health at risk.

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