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5 Steps To Take After Suffering From Medical Malpractice

Patient injured as a result of medical malpractice

If you’ve suffered from medical malpractice, you’ll need to take certain steps to ensure that you receive justice and adequate compensation. Malpractice is an incident in which a healthcare professional has not upheld their responsibility to provide proper care and services to patients. One needs to file a complaint when malpractice has occurred in healthcare settings. However, before looking at the steps to take after suffering from medical malpractice, you should first know how the process works.

When a medical malpractice claim or a lawsuit is filed, a medical expert will be called upon by the defendant in a medical case to opine on the issue of whether the doctor committed a legal wrong. The regulating agency will then decide on the action that needs to be taken against the doctor. Also, there’s the deposition process in which an expert is required to testify regarding medical malpractice. Once all this has been completed, the plaintiff is entitled to receive damages for the personal injury or loss sustained due to medical malpractice. 

Here are some steps to take after suffering from medical malpractice:

1. Hold On To Your Medical Records

One of the most important things that you should do after sustaining an injury is to hold on to all your records, particularly those related to your care. It’s usually difficult for healthcare professionals to prove that you suffered a loss because of their carelessness. Holding on to your medical records will enable you to show your insurance company or get other proof that you sustained physical injuries. This will help you with your compensation claim or medical malpractice lawsuit.

2. Contact An Experienced Medical Malpractice Attorney

After the injury, you must immediately contact an experienced attorney. Some doctors and healthcare providers may deny that they’re liable in case of an injury. 

Here’s how a medical malpractice lawyer can help you:

  • To make sure that the claim is valid, contact an attorney who has a good track record in handling these types of cases. An attorney can obtain vital medical records such as x-rays, documents pertinent to treatment, and the name and contact information of other medical personnel who have handled the patient’s case in the past.
  • It’s important to know the process of pursuing a lawsuit against the doctor or the hospital. Your attorney will also offer feasible advice on your best course of action. Don’t delay this step because it will be beneficial in the future. Check reliable sources that have published an article about the possible damages and compensation you can receive so you know what to expect.

3. Report The Incident

One of the most significant steps to take after suffering from medical malpractice is to report the incident. The vast majority of instances are not reported because the victim assumes that they will not be believed. In the vast majority of cases, it’s also possible to take legal action against those who failed to report medical malpractice.

  • The injured party must report the incident to the State Licensing Board who will investigate the complaint. In some states, the attorney general can also be involved in the process.
  • Research the Medical Association of America (AMA) and the American Medical Association (AMA). Both organizations are highly specialized and concerned about the interests of patients. They conduct periodic surveys to find out how many patients feel comfortable with their doctors. They also educate people on various issues about medical health. The members of these associations have the ultimate power to hold doctors accountable.
  • In any event, you must pursue this step as quickly as possible. Your attorney will be able to provide you with the information you need to take steps to ensure that justice is served.

4. Manage Your Condition Carefully

Aside from hiring a reliable and knowledgeable medical malpractice lawyer, collecting evidence, and reporting the incident to the authorities, you must continue to take care of your health. Keep these in mind when looking after your condition without jeopardizing your medical malpractice claim or lawsuit:

  • Monitor your health: If you want to make sure that you’re not at risk, it’s important to monitor your health regularly. For instance, if you experience a medical emergency or feel that you may be at risk for something bad happening, do regular checkups. By keeping tabs on your health, you can easily identify if something is going wrong or if there’s something else you need to consider.
  • Follow up on your visits: In addition to these steps to take after suffering from medical malpractice, it’s advisable to document your care in detail. Keep track of the treatment administered, the details of any medications given, diagnosis, and treatment. This will give your case more weight and strength when you present it to the jury or the courts. In addition to these things, keep notes about your post-operative care, recovery, and any setbacks you encountered.
  • Take control of your life: After suffering from medical malpractice, your life will never be the same again. You may feel anxious and afraid for your well-being at times. You must take control of your life and your health and get the necessary counseling for your mental well-being, too. 
  • Seek valuable advice: Whenever you’re in doubt about what’s happening about your personal injury case, make sure you take time to talk to your lawyer who can give you valuable and realistic advice about the situation.

5. Take Legal Action

At the same time, you should understand that you can take legal action against medical malpractice if you’re not satisfied with the compensation given to you. You have the right to take legal action if the insurance company fails to provide you with a fair assessment of the malpractice. Your medical malpractice lawyer can guide you on how to take legal action against the healthcare provider or hospital responsible for your suffering.


No one wants to be a victim of medical malpractice, but it does happen. If you’re the victim in a medical malpractice case, you need to speak with an experienced and qualified medical malpractice lawyer as soon as possible. Your attorney will be able to guide you through the often-difficult process of claiming compensation for your medical injury.