Has something gone wrong with your medical treatment?
Medical errors are more frequent than you might think. And the frightening thing is that most patients don’t know what to do next.
When you believe an error has harmed your health, time is of the essence. The actions you take in the following days can determine success or failure in obtaining answers.
Here is exactly what to do…
Here’s what’s coming up:
- Why Medical Mistakes Happen So Often
- What Counts As A Standard Of Care Breach?
- The 6x Steps To Take After A Suspected Medical Mistake
- When To Get A Lawyer Involved
Why Medical Mistakes Happen So Often
Medical errors are a much bigger issue than most people realise.
In fact, about 400,000 hospitalised patients suffer from some form of preventable harm each year. That is an enormous number. And it does not even include errors that take place in clinics, urgent care centers, or surgical offices.
Here’s the problem:
The patient is the victim when a doctor, nurse, or hospital falls short of providing proper care. Sometimes the harm is minor. In other cases it can cause serious injury, permanent disability, or death. A breach of standard of care is at the core of nearly every medical malpractice case. Recognising one as soon as possible is the key to protecting your legal rights. If this occurred during your care, an experienced Orange County medical malpractice lawyer can help you determine whether your provider failed to meet accepted medical standards.
The most common types of medical mistakes include:
- Misdiagnosis or delayed diagnosis: A doctor misses or wrongly identifies a condition.
- Surgical errors: Wrong-site surgery or leaving instruments inside the body.
- Medication mistakes: The wrong drug, wrong dose, or a dangerous interaction.
- Birth injuries: Errors during labour and delivery that hurt the mother or baby.
- Anaesthesia errors: Too much, too little, or failing to monitor the patient.
They are not uncommon. They can be a nightmare for patients and families.
What Counts As A Standard Of Care Breach?
This is where things get a bit technical, but stay with me…
A breach of the standard of care occurs when a medical professional treats a patient in a way that a similarly situated reasonable professional would not have treated that patient. In other words, they take shortcuts, make a negligent error, or disregard what a typical doctor would have done.
Doctors and nurses have a duty to their patients. They must:
- Listen carefully to symptoms
- Order the right tests
- Give the correct diagnosis
- Provide the right treatment
- Follow up properly
If they fail to, and the patient is injured because of that failure, that is a breach of standard of care.
Here’s something to keep in mind:
Not every bad outcome is malpractice. The question is whether the provider acted reasonably.
Misdiagnosis on its own impacts millions of patients. Close to 371,000 deaths occur due to diagnostic errors each year, making it one of the leading causes of medical injury in the U.S.
The 6x Steps To Take After A Suspected Medical Mistake
You suspect a medical error? Act quickly, here’s what to do…
Get A Second Opinion
The first thing to do is see another doctor.
Why? Because you have to know what is going on with your health. A second opinion will give you a clear picture of your condition, proper treatment moving forward, and a medical record from a different provider.
It is not about blaming anyone for now. It’s about getting healthy and taking care of yourself.
Request All Of Your Medical Records
Patients have a legal right to their medical records. Always.
Reach out to each and every provider involved. Request complete copies of physician’s notes, lab tests, imaging scans, operative reports and discharge summaries.
Try to get them right away. They are known to get lost if you wait too long. The quicker the paper trail is in hand, the better.
Write Down Everything
Your memory will fade. That is a fact.
Start a written record of everything you remember about what happened. Include:
- Dates and times of appointments
- Names of doctors, nurses, and staff
- What was said during each visit
- Symptoms you reported
- How you’ve felt since
Jottings taken at the time are much more valuable than recollections you try to reconstruct later on.
Track Your Damages
Medical mistakes cost money. A lot of money.
You must account for every expense incurred as a result of the alleged error. Save records of additional medical expenses, lost income, travel expenses to see specialists and any in-home care assistance.
You should also take note of how the mistake has impacted your day-to-day life. The pain. The stress. The inability to do certain activities. All of that is important too.
Don’t Sign Anything Yet
Hospitals and insurance companies move fast.
Following a medical error, you may receive calls or letters asking you to sign forms or accept a settlement. Don’t.
Many of these forms waive your right to sue in the future. Don’t sign anything without first getting legal advice.
File A Complaint With The Medical Board
Every state has a medical board which governs physicians. You can file a complaint with your state’s medical board regarding the conduct of your provider. This will place an official record of your complaint, may result in an investigation, and can help to prevent future patients from being harmed.
It doesn’t get you compensation, but it is a vital step in holding providers to account.
When To Get A Lawyer Involved
Most patients wait too long to talk to a lawyer.
The fact of the matter is that medical malpractice cases are extremely complex. They are also subject to very tight deadlines, have complicated procedural rules, and require expert testimony. The sooner help is sought, the better the chances of developing a strong case.
Here is the kicker…
400,000 people per year die from medical errors that could have been prevented. The majority of those victims never file a claim. Why? It’s a daunting process. A good lawyer will shoulder the burden for you.
Reach out to a lawyer if:
- You suffered a serious injury
- You lost a family member
- The provider won’t answer your questions
- The hospital is pushing you to sign documents
- Your bills are piling up fast
Most malpractice lawyers offer free consultations.
Final Thoughts
Suspecting a medical mistake is frightening. You trust your healthcare team, and when something goes wrong, it feels like the world is turned upside down.
But you have options. You have rights. And you have a clear path forward:
- Get a second opinion
- Collect your records
- Document everything
- Track your costs
- Don’t sign anything
- File a complaint
- Talk to a lawyer
Medical mistakes happen far too often, and patients deserve answers when they do.
