What Can One Do in a Case of Medical Malpractice?


Medical malpractice is not as uncommon as we would like to believe. Actually, the research done by the prestigious John Hopkins University has shown that around 10% of deaths in the US are the consequence of medical errors. And if you count the people who have ended with some sort of non-fatal injury due to the doctor’s negligence, the percentage becomes even larger.


Given these data, unfortunately, finding yourself in this kind of a situation is not so unimaginable. That’s why it is important to know what you need to do if the situation arises. Here are some of the steps you should take if you’re ever faced with this problem.

Find New Medical Expert     

Never forget, your health is your first concern. If you have reasons to doubt your doctor’s diagnosis or choice of treatment, the first step should be finding a new physician. Don’t get so angry that you put all your energy into starting a legal procedure against the doctor or the hospital and forget about your primary needs at the moment.   


First and foremost, you would want to take care of any possible damage caused to your health by the incompetent behavior of the medical professionals. If you have been wrongly diagnosed, the new doctor you choose will concentrate on identifying the true problem and providing you with the appropriate treatment. On the other hand, if the diagnosis was good, but the error occurred when picking the treatment, they will get to deal with the complications caused by this mistake. Overall, try to feel as good as you can be before you take any legal actions.

Obtaining a Copy of Your Medical Records

You should do this as soon as possible as they represent one of the key pieces of evidence in your case. This will eliminate the possibility of anyone tampering with what was recorded in the documents. The records are important as they contain data about the state of your health when you were admitted to the medical facility. More than that, they are clearly stating what sort of symptoms you were experiencing, what tests were performed, and what medications were prescribed to combat your illness. As such, they are a valuable source of information that can prove the medical malpractice has taken place.


Although altering medical records is a criminal offense, that hasn’t stopped some doctors in the past. After all, they want to avoid any sort of liability and prevent damage that sort of ruling can have on their career. However, being caught in this sort of an illegal act might have more devastating consequences than a judge making a decision in the patient’s favor. Doing something like this is punishable by a fine as well as jail time.      

Start Keeping a Journal

As we already mentioned, this type of legal battle can last for a really long time. In certain cases, it has taken years for the whole process to end. Given this possibility and the fact that people’s memory of some events from the past can become hazy over time, it’s important to start keeping a journal from the moment you start suspecting malpractice.


Write down the notes concerning your health and make sure you describe all the symptoms you are experiencing due to the error made by the doctors. Also, don’t forget to write about the ways this horrible event has affected your life. Include situations like taking time off work to devote all your time and energy to fixing the health issues you were facing. Go into as much detail as possible because there is a chance the journal can be used as evidence in your case. And it would be a good idea to make these journal entries on a daily basis to create a comprehensive record of what you actually experienced.  

Find a Suitable Lawyer

Although you can represent yourself in court, it’s strongly advised to get help from experienced professionals. As legal professionals from Curcio Law Offices, a Chicago Medical Malpractice Law Firm, know very well this can be a long and tiring procedure. Most of the time, these cases are complex and difficult to prove and it’s necessary for you to concentrate on your health. It’s important to be in a top-notch physical condition so you have to face responsible individuals in the court of law.


Do your research and make a shortlist of medical malpractice lawyers you believe will do the best job of defending your rights in front of a judge. However, before you sign any contract, schedule an informative meeting to explain your situation and see what they propose. This will also give you an opportunity to get to know them and their practice a bit better and decide whether they’re the right fit for you.


When you decide what lawyer will represent you, you will have to tell them the whole story of what has happened to you. Don’t skip the details you deem unimportant. Everything is of value as far as you’re concerned. Also, you need to hand them medical records and personal journals. After you’ve done that, they will start their investigation regarding a case. They will have to compile the evidence and prove your claim of medical malpractice is righteous.

Don’t Have Communication With Other Involved Parties

From the moment you hire an attorney, they will be your official representative and any communication with people or institutions involved in the case should be done through them. If an insurance adjuster contacts you, don’t answer any of their questions. Remember, they are not looking for your best interests, your lawyer does so simply refer them to him/her. Also, refrain from posting anything about it on social media. Something like this can jeopardize your chances of winning.


These are the basic steps you have to take when facing a medical malpractice case. If you decide to take this to court, you will have to be patient. Also, make sure you hire an experienced lawyer. However, don’t forget that your health is of primary concern. Focus on getting better and leave legal matters to your legal representative.What Can One Do in a Case of Medical Malpractice?

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