What Should You Do If You Believe You Have Been A Victim Of Medical Malpractice?

At Conboy Law, our medical malpractice lawyers help victims through this tough time. We know how devastating medical negligence can be for injured patients. Let’s walk through what you should do if you suspect medical malpractice.

Understanding Medical Malpractice

Medical malpractice happens when a healthcare provider gives substandard care that harms a patient. This includes surgical errors, medication errors, or errors in diagnosis. Not every devastating outcome means malpractice occurred.

For instance, if your physician prescribes an incorrect medication that results in harm, it could be considered malpractice. But if a treatment doesn’t work despite proper care, that’s likely not malpractice.

The key is whether your medical professional followed the standard of care that other doctors would use in the same situation. If they fell short of this standard and you were hurt, you might have a valid medical malpractice claim.

Immediate Steps to Take After Suspecting Malpractice

1. Document All Details and Symptoms

Keep a daily journal about your medical care and health condition. Write down:

• Names of all healthcare providers
• Dates of medical appointments
• What was said during doctor visits
• All symptoms and when they started
• Medications and their effects

Take photos of any visible problems like unusual bruising or wounds that aren’t healing properly. These detailed records become critical evidence for your medical malpractice lawsuit.

2. Create a Detailed Timeline of Events

Put together a clear history of your medical treatment from start to finish. List each appointment, procedure, and hospital stay in order with exact dates. Note when symptoms appeared or got worse after specific treatments.

This timeline helps show the link between the medical care you received and your injuries. It also helps medical experts spot where errors might have happened in your treatment plan.

3. Note Changes in Your Health

Track any new symptoms or changes in your condition after treatment. Record your pain levels daily and note changes in your ability to perform daily activities. This tracking shows how medical negligence has affected your physical health and quality of life.

Securing Medical Evidence

Strong medical records form the backbone of any successful malpractice claim. Gather this evidence quickly before it becomes harder to obtain.

1. Get a Second Medical Opinion

See a different doctor for an independent evaluation. Choose a specialist in the same field as the doctor you believe made the mistake. Ask specific questions about your diagnosis and whether your treatment followed standard medical practices.

This second opinion can reveal whether your healthcare provider met the expected standard of care. It might also identify errors in your initial diagnosis or treatment options that were overlooked.

2. Verify Your Diagnosis

Ask your new medical team to run tests to confirm or challenge your original diagnosis. Find out if other diagnostic tests should have been done initially. This verification can show if your condition was misdiagnosed or if there was a delay in diagnosis.

3. Gather All Medical Records

Request complete copies of all your medical records from every facility where you received care. These include:

• Doctor’s notes
• Test results
• Lab work
• Imaging studies
• Medication lists
• Consent forms

These records show what treatments you received and what your medical team knew at each step. They often contain critical evidence of negligent healthcare providers or inadequate follow-up care.

Protecting Your Legal Position

4. Avoid Direct Contact with Involved Providers

Don’t confront the medical providers you believe made mistakes. These conversations can be used against you later. If you need to communicate with them, stick to necessary medical questions and get a new healthcare provider if possible.

5. Stay Off Social Media

Don’t discuss your medical condition or case on social media platforms. Insurance companies check these accounts for evidence they can use against you. Even posts about your daily life or physical activities could contradict your claims about injuries.

6. Keep All Physical Evidence

Save all items related to your medical care, such as:

• Medication bottles
• Medical devices
• Surgical instruments given to you
• Billing statements
• Prescription labels

This physical evidence supports your claim about what happened during your care and treatment plan.

Understanding the Legal Process

Medical malpractice lawsuits follow specific rules and procedures. Knowing these helps you overcome this complex process.

Medical Malpractice Laws Explained

To prove medical malpractice, you must show:

1. A doctor-patient relationship existed
2. The medical provider failed to meet the expected standard of care
3. This breach caused your injury
4. You suffered actual damages

The burden of proof falls on you as the patient. Expert witnesses usually must testify about the proper standard of care in your case.

Statute of Limitations

You must act quickly to initiate a medical malpractice lawsuit, as you have a specific time frame to do so. Generally, states impose a statute of limitations ranging from one to three years, starting from the point when you become aware of the malpractice. Failing to file within this period could forfeit your opportunity to pursue compensatory damages.

The discovery rule may extend this time if you couldn’t reasonably have known about the malpractice right away. But don’t delay – talk to a medical malpractice attorney as soon as possible.

Why You Need Specialized Legal Help

Challenges in Proving Malpractice

Healthcare facilities control most of the evidence, including medical records. Medical concepts are complex and difficult for juries to understand. An experienced attorney can explain these complicated medical procedures in simple terms.

Your legal professional will work with medical experts to review your case and identify exactly where care standards were not met. They can spot issues in your medical history that you might miss.

Dealing with Hospital Legal Teams

Hospitals and doctors have powerful insurance companies with teams of attorneys whose job is to defeat malpractice claims. These companies use tactics like:

• Delaying cases
• Questioning your credibility
• Making lowball settlement offers

Having your personal injury attorney helps level the playing field. We know these tactics and how to fight for fair compensation for damages you’ve suffered.

Potential Compensation in Malpractice Cases

If you’ve been harmed by medical negligence, you may receive several types of compensation:

Medical Expenses and Future Care

You can seek payment for all medical bills related to fixing the harm caused by malpractice. This includes hospital stays, surgeries, medications, and physical therapy.

Many victims need ongoing care for years. We work with medical experts to calculate these future expenses, including costs for home modifications or long-term nursing care.

Lost Wages and Earning Capacity

If malpractice causes you to miss work, you can claim these lost wages. For those who can’t return to their previous job, compensation may include reduced earning capacity over your lifetime.

Pain and Suffering

Beyond economic losses, you deserve compensation for physical pain, emotional distress, and loss of enjoyment of life. These non-economic damages acknowledge the human cost of medical errors, including any brain damage or emotional injuries you’ve suffered.

Contact Our Chicago Medical Malpractice Lawyers for a Free Consultation