What You Can Do to Help Prevent Yourself from Becoming a Victim of Medical Malpractice: A Guide for the New Year
Ragain & Clark December 31, 2025
Some people avoid going to the doctor unless they feel it is absolutely necessary. Other people keep regular appointments for checkups and follow the doctor’s instructions diligently. Most of us fall somewhere in the middle. But we are all potentially vulnerable to medical malpractice.
Medical mistakes can turn a minor medical concern into a catastrophic injury. The elderly and the very young are at the greatest risk, but injuries caused by malpractice can occur to anyone in any type of medical environment.
Fortunately, there are some steps you can take to protect yourself and your loved ones. At Ragain & Clark, we have been fighting for justice and fair compensation for victims of medical malpractice for decades, so we have seen the devastation these errors can cause in people’s lives. We know that it is far better to prevent medical mistakes than to try to overcome the hardships later.
The ultimate responsibility for preventing medical malpractice lies with the healthcare providers who examine and treat us. But patients can protect themselves in many situations by being vigilant.
Understanding Medical Malpractice
It is important to understand what malpractice is and how it occurs. Doctors are not responsible for malpractice every time something goes wrong during a medical procedure or course of treatment. The human body can react in unpredictable ways, and some unpleasant results simply cannot be avoided.
Doctors and other healthcare providers can be held liable when something goes wrong because they failed to follow reasonable standards of care under the circumstances. When the professional deviates from the medical standards they should be following and that deviation causes harm, then the professional can be held legally responsible for that harm.
Medical malpractice occurs in different ways and for a wide variety of reasons. It can involve doing something that should not have been done, doing something incorrectly, or failing to do something that should have been done but wasn’t. Some of the most common include:
- Failure to order appropriate tests based on symptoms presented.
- Performing a procedure incorrectly due to inattention, fatigue, or attempts to rush
- Treating the wrong patient or the wrong part of the body due to mix up with records or failure to look closely
- Misdiagnosing a condition or delaying a critical diagnosis that a reasonable healthcare provider would have made
- Failure to monitor a patient’s condition during surgery, childbirth, or other procedures
- Not reviewing a patient’s history before prescribing medication or treatment that is contraindicated
- Administering the wrong medication or wrong dosage
These are a few broad examples. Patients who are going to the doctor should review the possible actions and anticipate potential problems.
Be Armed with Knowledge of Your Medical History
Many medical mistakes occur because doctors are unaware of a patient’s medical history and current treatment regimens. Medical practices can be very specialized, and doctors don’t always take the time to review the treatment a patient has received from other providers or the medications they are taking. You can help protect yourself or a loved one by compiling information about past conditions and treatments, as well as current medical treatment.
Having a copy of your medical history printed in a folder you bring to the doctor’s office can make it easier to refer back to. If your doctor recommends a medication or procedure, you can ask if it is compatible with other medications.
A medical file can quickly become overwhelmingly large, so it is important to review the contents periodically. If you keep medical bills and receipts in a separate file, it can help you focus on the medical issues more quickly.
It can be very helpful to include information beyond the records provided by doctors’ offices and hospitals. If you have visible symptoms, take photos and include those in the file. If possible, keep a journal of symptoms, recovery, and treatment. A doctor might be able to brush aside your comments about “frequent” pain, but if you present a journal documenting intense abdominal pain lasting for about an hour every day after lunch, then the doctor may be more likely to give thoughtful consideration to your symptoms.
Seek Additional Opinions
If a doctor has recommended a course of treatment that you don’t agree with and you believe your doctor has misdiagnosed your condition, it is often a good idea to seek the opinion of another physician, preferably from a different practice. When you have your medical information organized in a file, this can enable a new provider to get up to speed quickly on your history and symptoms.
Many doctors do not like the idea that their patients are telling them how to do their job, so they may seem to disregard patients’ theories about their condition. Starting from scratch with a different practitioner can allow both the doctor and the patient to take a fresh look at the big picture and the details.
Before seeing a new provider, it is a good idea to do some research on the doctor and the practice they work with. Read reviews, check ratings and credentials, and, when possible, get recommendations from patients or medical professionals.
Ask Questions and Confirm Information
Doctors are highly trained and experienced professionals. Nurses are also well-equipped to provide excellent care. But they are not perfect. Do not be afraid to ask doctors and nurses why they are doing something or why they want you to do something. Questions can help you understand your care, but they can also expose a potential medical error.
Get Information About Medications
When the doctor recommends an over-the-counter treatment or prescribes medication or a test, record the information carefully, either by writing it down or entering it in your phone. Confirm the precise type and concentration of medicine, ask whether a generic version is comparable, and confirm the dosage and frequency. Review your current medications with the doctor and ask about any potential conflicts.
Learn About Risks and Other Options
Doctors are often pressured to see as many patients as possible during a workday, and to save time, they may fall into habits of recommending popular treatments without considering whether a treatment is right for you personally. Even if a proposed treatment sounds reasonable, it can be very helpful to ask about the alternatives. Ask about the risks and potential benefits of various options so that you can make an informed choice. The process of reviewing the pros and cons could also cause the doctor to reconsider a recommendation. If you have concerns, raise them. For instance, if you once had a very bad experience with general anesthesia, explain that to your doctor.
Advocacy
It is important for patients to have an advocate who can voice concerns, ask questions, clarify information, and hold medical professionals accountable. While many adults are capable of fulfilling this function for themselves, many more are not. A second set of ears never hurts.
So it is a good idea for a patient to bring a trusted advocate, such as a friend or family member who can help with asking questions and ensuring that a busy doctor pays attention to the list of medications that are currently being taken. Try to take notes about what the doctor says.
Having a watchful advocate on hand can be particularly critical if you are pregnant because inattentiveness and mistakes during childbirth can cause a child to suffer lifelong disabilities. Have a companion keep watch on the condition of the mother and child and alert medical professionals if they are not monitoring the situation properly.
If You Suspect a Mistake, Protect Yourself from Compound Errors
No one likes to admit they’ve made a mistake, and doctors are no exception. If you suggest that a physician or a member of their staff has done something wrong, bringing up the issue is likely to make the staff defensive rather than helpful. If you suspect someone has made a mistake, it is often more useful to consult another doctor. Bring your medical file with records, notes, and journal entries.
The sooner you catch a medical mistake, the easier it may be to overcome the effects of the error. If the medical mistake causes serious harm, then it is also time to consult an attorney about seeking compensation to cover the extra medical bills, pain, suffering, and mental anguish.
Talk to a Malpractice Attorney About Your Case
If you believe you have suffered harm because of a medical mistake, you need to act to protect your health by consulting another doctor and act to protect your legal rights and financial health by consulting a knowledgeable malpractice lawyer. It takes intense investigation to determine what the standard care should have been in your situation, uncover evidence to show what the healthcare provider or facility did that deviated from the standard, and show how the deviation caused your additional harm.
At Ragain & Clark, we understand how to demonstrate malpractice effectively to obtain a full recovery for our clients. We cannot erase the effects of malpractice, but we work to get justice and resources that enable our clients to move forward after a medical mistake. For a free, confidential consultation to discuss what may be possible in your situation, we invite you to contact us online now.
