Was It Malpractice? What to Do When Medical Care Goes Wrong

Something went wrong. The surgery was supposed to be routine. The diagnosis came too late. The medication was the wrong one. Now you're living with the result, and you're wondering whether someone should be held responsible.

It's a fair question, and it deserves a careful answer. Medicine involves real risk, and not every bad result means anyone did anything wrong. But some do. Here's how I'd start sorting out which one happened to you.

Signs worth a closer look.

None of these proves malpractice. Each is a reason to ask more questions:

• A procedure on the wrong site, the wrong patient, or something left behind after surgery.
• A diagnosis that came late even though the symptoms or test results were there to see.
• A medication or dosage error.
• A sudden decline in the hospital that no one can explain.
• Explanations that change depending on who you ask.
• Being discouraged from getting your records or a second opinion.

Get your records first.

You have a legal right to your medical records, and providers generally have to respond within 30 days of a written request. Ask for everything: doctors' notes, nursing notes, test results, imaging and billing. Records requested early are easier to get and harder to lose. Any lawyer who looks at your situation will want them first.

The chart tells the story. Your memory tells the rest. Write both down while you can.

Write your timeline now.

Dates of appointments, what you were told and by whom, what symptoms you reported and when. Memory fades quickly, especially under stress, and small details often turn out to matter.

Keep getting care.

Your health comes first. If you've lost trust in a provider, it's reasonable to move your care to someone new. A new doctor may also be the first person to tell you plainly what went wrong.

Don't confront, and don't post.

It's natural to want answers from the doctor or hospital directly. But anything you say or write can become part of the record. The same goes for social media. Let the questions come through the right channel.

Watch the calendar.

Malpractice claims often have shorter and more complicated deadlines than other injury claims. In California, for example, a claim can expire as soon as one year after you discover the injury. Some states also require formal notice to the provider before a lawsuit can be filed. Waiting to see how you feel in six months can cost you the case.

Talk to the right kind of lawyer.

Medical malpractice is a specialty within a specialty. A general injury practice may not have the experts, the budget or the experience these cases demand. Look for someone who regularly handles cases involving the same kind of medicine as yours.

Where Lexmatch fits.

When a medical case goes wrong, you need a lawyer who knows that corner of medicine and that corner of the law. Lexmatch looks for lawyers whose actual case history includes your kind of medicine, and an attorney checks every list before you see it, so you're not left calling names off a billboard while the clock runs.

This article is general information, not legal or medical advice. Deadlines and procedures vary by state.