Suspecting that your doctor made a mistake can be unsettling, frustrating, and even frightening. After all, we trust healthcare professionals to provide care that helps us heal—not worsens our condition. But medical errors do happen, and when they lead to harm, you have the right to seek answers and take action.
If you think your doctor may have made a mistake, here’s a step-by-step guide to help you understand your next moves, protect your health, and explore your legal options with confidence.
1. Stay Calm and Focus on Your Health
The first and most important step is to prioritize your health. Even if you’re feeling angry or betrayed, it’s crucial to focus on getting the necessary medical care to address the harm caused by the mistake.
- Follow Up on Symptoms or Concerns: If you believe your condition worsened due to an error, don’t hesitate to seek immediate help. Ignoring symptoms can make matters worse.
- Document What Happened: Write down your symptoms, the treatments you received, and what you think went wrong. This record will be helpful for later discussions with healthcare professionals (and, potentially, attorneys).
Example: If you were prescribed the wrong medication and started experiencing side effects, stop taking it (as advised by another healthcare provider) and seek proper treatment to address the issue.
2. Request Your Medical Records
Your medical records are your most important piece of evidence when evaluating whether a mistake occurred. These records will show what treatments or procedures you received, what medications were prescribed, test results, and notes related to your case.
- How to Get Them: Most healthcare providers allow you to request records through their office or online. You typically have the legal right to access this information.
- Secure Everything: Request records from all relevant providers, such as your primary care physician, hospital, or specialist.
Tip: Be specific when asking for your records. For example, request surgical notes, imaging results, and lab tests if necessary.
3. Seek a Second Opinion
It’s often helpful to seek a second (or even third) opinion from a different doctor, especially if you’re unsure about what went wrong. A fresh set of eyes on your condition can provide clarity and help you understand the potential impact of the suspected error.
- Choose an Unbiased Expert: Look for a doctor who isn’t affiliated with your original provider to ensure objectivity.
- Ask Questions: Be honest about your concerns and ask the new doctor how your condition should have been handled versus what actually happened.
Example: If a surgeon made an error during your procedure, another specialist may be able to confirm whether the injury was an expected risk or due to negligence.
4. Gather Evidence of Negligence
Medical errors alone don’t always mean malpractice occurred. For a legal claim, you’ll need to prove that your provider acted negligently—or failed to provide care meeting accepted medical standards—and that this directly caused your harm.
Common Types of Evidence:
- Treatment Records: Show the timeline of care and any inconsistencies.
- Test Results: Highlight any misinterpretations or overlooked diagnoses.
- Witnesses or Statements: This could include nurses, other staff, or anyone with knowledge of the situation.
- Your Own Notes: Small details, like conversations you had with the provider or symptoms you experienced after their care, can be crucial.
Example: If you informed your doctor about a medication allergy and they still prescribed you the wrong drug, failing to check your history could be evidence of negligence.
5. Explore Your Legal Options
At this point, you might be wondering whether you have a medical malpractice case. Consulting with an attorney experienced in malpractice claims can help you understand your rights and determine the best course of action.
When to Contact an Attorney:
- If you suffered significant harm due to the suspected error (e.g., lasting injuries, additional treatments, or financial losses).
- If the provider or hospital isn’t cooperating when you ask questions or request records.
- If the insurer denies your claim or offers inadequate compensation.
How a Lawyer Can Help:
- Evaluate your case to determine whether malpractice occurred.
- Work with medical experts to support your claims.
- Handle negotiations with insurers or healthcare providers.
- Represent you in court, if necessary.
Tip: Medical malpractice cases are time-sensitive due to strict statutes of limitations. It’s best to contact a lawyer as soon as possible to avoid losing your right to file a claim.
6. File a Formal Complaint (Optional)
Another way to address a suspected mistake is by filing a complaint with the appropriate medical boards or institutions. While this process doesn’t pursue compensation, it can help hold the provider accountable and possibly prevent future errors for other patients.
Who to File Complaints With:
- State Medical Boards: Investigate claims of negligence or misconduct and can take disciplinary action.
- Hospitals or Clinics: Many have internal review processes for patient grievances.
7. Stay Persistent and Advocative
Navigating concerns about a medical mistake can be emotionally and mentally draining. Remember, you’re not just advocating for yourself—you’re safeguarding your health and potentially protecting others from facing the same issues.
Here’s how to stay persistent:
- Ask Questions: Don’t hesitate to ask your healthcare provider to explain their decisions and address concerns.
- Educate Yourself: Research your condition and treatment options to better understand what went wrong.
- Rely on Experts: Between doctors and attorneys, surround yourself with professionals who can guide the way.
Most Importantly: Don’t give up. If you believe a mistake caused significant harm, you have every right to seek answers—and justice.
Hawaii Medical Malpractice Attorneys
If you or a loved one has been affected by a birth injury or medical error, the experienced team at Davis Levin Livingston in Honolulu, HI is here to help. Our compassionate attorneys specialize in medical malpractice cases, offering the expertise and support you need to navigate this challenging time. Contact us today at (808) 740-0633 to discuss your case and explore your options for seeking justice and compensation. Let us be your advocate in ensuring your rights are protected and your voice is heard.