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Medical Malpractice

What to Do if You Suspect Medical Malpractice

February 15, 2024

Medical malpractice claims are the most challenging type of personal injury cases for many reasons. One reason is that these cases involve a lot of technical medical terminology, making it difficult for patients to even understand basic aspects of their treatment or illnesses. Another reason is that symptoms of malpractice are often subjective and can be difficult to distinguish from expected side effects. The biggest reason why these cases are so difficult, however, is that you will most likely need an expert to evaluate whether your medical provider committed malpractice. If something doesn’t seem right after receiving treatment and you don’t know what to do, contact an experienced medical malpractice lawyer for guidance. 

Don’t Accuse Your Provider of Committing Malpractice

You can choose to attend any scheduled follow-up appointments with your doctor or schedule follow-up treatment if it’s your only option. Be candid about the symptoms you are experiencing, such as pain, swelling, loss of sleep, and so forth. However, be careful of making any accusatory statements. This will only make your provider defensive and it’s unlikely that they would admit any wrongdoing anyway. Take notes on what your doctor believes to be the issue and what they recommend. If possible, bring a friend or loved one with you to your appointment so that they can validate the advice you received. 

You should also refrain from posting anything on social media about your suspicions. Your social media may be used against you if you choose to pursue a malpractice claim. If your claim is unsuccessful, your medical provider may take action against you for making defamatory statements. 

Get a Second Opinion 

Your first priority is your health. Seek immediate treatment if you experience a medical emergency. However, you should seek a second opinion from another doctor as soon as possible. Explain why you are seeking a second opinion, describe your symptoms in detail, and share with them that you think you may be the victim of medical malpractice. Your new provider can update your records to include their notes regarding your condition and their recommended treatment, as well as whether there is any evidence of medical malpractice. 

Get Copies of All of Your Medical Records

Once you are under the care of another doctor, you should then request copies of all of your medical records from your first provider. For what it’s worth, your new doctor will likely make the request for you, so you may not need to make the request yourself. That said, you should ask for a set of copies for yourself. 

In the event that you are the victim of medical malpractice, your medical records will be fundamental to proving your claim. As a result, you should be sure to keep them safe and keep them handy for easy reference. 

Document Your Experience

It is also important to keep notes of what you experience from the time you suspect medical malpractice until you decide to engage a medical malpractice lawyer. Some of the things you should make note of include the following: 

  • How long your recovery was originally expected to take
  • A daily summary of your post-treatment symptoms and progress including any pain and discomfort you experience
  • How your condition impacts your daily life
  • How your condition impacts your ability to work, logging each day that you had to miss work
  • Dates and times that you had medical appointments; who they were with and what the outcome was

These notes can be invaluable if you decide to pursue a malpractice claim. They can help you remember what you went through, corroborate important details, and support your claim for non-economic losses. If writing is difficult, recording voice memos or videos can serve the same purpose. 

Talk to a Medical Malpractice Attorney

If you believe that you have been harmed as a result of medical malpractice, you should strongly consider talking to a lawyer as soon as possible. They will know what proof you need to build your case and what steps you need to take to protect your rights. They can also help you find a new doctor and obtain your medical records if you haven’t already taken those steps. They can assess the strengths and weaknesses of your case, provide you with an estimate of what it may be worth, and discuss the likelihood that your claim will be successful. 

Contact Ragain & Clark Today

We have over three decades of experience in helping medical malpractice victims get the compensation they deserve. To talk to a medical malpractice lawyer who knows how to get results, call us today at 307-388-6400 (Worland) or 406-651-8888 (Billings) or send us an email to schedule a free consultation.


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