5 Things to Do If You Suspect Medical Malpractice

Medical malpractice can occur when a healthcare professional provides improper or negligent treatment that causes injury or harm to patients.

22:00 10 May 2025

Medical malpractice can occur when a healthcare professional provides improper or negligent treatment that causes injury or harm to a patient, such as failing to diagnose a serious illness or making a mistake during a surgical procedure – surgical mistakes happen around 4,000 times each year, so it could one day happen to you!

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If you suspect you or a loved one has been the victim of medical malpractice, here are 5 important steps to take:

1. Review Your Medical Records Thoroughly

Carefully go through all of your medical records related to the incident in question. Look for any gaps in care, errors in diagnosis or treatment, or failure to follow proper protocols. Also, review the informed consent form to ensure nothing was missed. Having a complete understanding of what occurred will help you build a stronger case. Be sure to make copies and organize the records chronologically. Highlight or bookmark any irregularities you find.

2. Get a Second Opinion

Medical errors kill between 44k and 98k Americans each year. In addition, an estimated 795k people become permanently disabled because of a misdiagnosis. Consult with another doctor and get their objective opinion on whether malpractice may have occurred. Provide them with your medical records and help explain what happened from your perspective. An outside expert opinion from another qualified physician can provide validation to your claim and identify if proper standards were met. Choose a doctor not affiliated with the provider in question for the most unbiased assessment.

3. Consult with a Medical Malpractice Attorney

Schedule a consultation with an experienced medical malpractice attorney. Medical malpractice law can be complex, so you need expert legal guidance. An attorney can review your records, explain your legal options, and help determine if you have grounds to file a medical malpractice lawsuit. They can also manage the litigation process so you can focus on your recovery. Ask questions to assess their experience in medical malpractice specifically.

4. Gather Evidence

Instruct your attorney to gather supporting evidence and documentation, such as medical records, doctor/staff notes, diagnostic test results, and any correspondence with your healthcare providers. Also, keep track of expenses related to additional medical treatment needed to correct the malpractice. Thorough evidence helps prove your claim and build a strong case. Make sure to get copies of all test results, appointment notes, emails/letters, and medical bills.

5. Act Quickly

Each state sets a strict statute of limitations on the timeframe you have to file a medical malpractice claim, usually 1-3 years. So, it is essential to start exploring your legal options right away. The litigation process can be lengthy, potentially taking up to 5 years to settle, so beginning the process as soon as possible ensures you do not run out of time to pursue compensation. Don't delay meeting with an attorney and submitting your claim. Time limits vary by state and circumstance.

Suspecting medical malpractice can be stressful. But taking swift strategic action improves your chances of recouping damages and prevents others from being harmed. With the guidance of a skilled medical malpractice lawyer, you can determine if you have a viable case and get the justice you deserve. Don't wait to protect your rights.