What to Do If You Suspect Medical Malpractice
If your medical care has resulted in serious complications, that doesn’t necessarily mean your providers were negligent. But of course, you cannot expect a doctor, nurse, or medical facility to voluntarily admit they deviated from the most widely accepted standards of care.
The unfortunate truth is that medical errors are a leading cause of death in the United States. If you suspect medical malpractice has occurred, you should take the following steps to protect your health and your legal rights:
1. Consider Seeking Medical Care Elsewhere
In the wake of a medical mistake, your first priority should be your health. You’re under no obligation to continue seeing the physician who failed to provide adequate care, regardless of what the facility—or your insurance carrier—says.
In addition to protecting your health, seeking prompt care elsewhere will demonstrate a commitment to mitigating damages. In other words, taking your healthcare seriously will prevent your medical costs and other damages from increasing unnecessarily. This can reduce the likelihood of facing a dispute if you bring a medical malpractice claim.
2. Save All Relevant Records
Request a copy of your medical records from the facility where the incident occurred as soon as possible. This could prevent certain records from being altered or destroyed to cover up negligence.
You should also save all correspondence with the defendant—or their insurer—and all bills, receipts, and invoices for costs incurred as a result of the medical negligence. In New York, the following economic damages might be recoverable in a medical malpractice case:
- Healthcare expenses;
- Home care;
- Replacement services;
- Lost wages; and
- Lost earning capacity.
3. Start a Personal Injury Journal
Human memory becomes less reliable with time, so write down everything you remember about the care you received as soon as possible. Remember: No detail is too small to include.
Then, write daily entries about the treatments you’re undergoing as a result of the complications you suffered. Also, make note of any symptoms you experience and their severity. Because New York allows for the recovery of non-economic damages—e.g. pain and suffering, mental anguish, and loss of enjoyment in life—you should also write about the ways in which the malpractice is affecting your everyday life.
4. Consult a Personal Injury Lawyer
Seeking counsel right away will give your legal team the opportunity to gather time-sensitive evidence before it’s altered or destroyed. Consulting an attorney immediately will also prevent you from making critical mistakes that might otherwise jeopardize your medical malpractice claim.
Discuss Your Claim with a Medical Malpractice Attorney in New York
If you received substandard care, turn to LoTempio P.C. Law Group to find out if you may have grounds for a claim against the provider or facility that treated you. Our strategic attorneys have more than 200 years of combined experience in the legal field. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a medical malpractice lawyer in New York.