What You Should Do If You Become a Victim of Medical Malpractice

The health sector has improved over the years, as technology has made medical practice and procedures more efficient. However, it is still quite unfortunate and sadly common to see cases of patients reporting medical malpractice or even dying as a result of it.

Most victims of medical malpractice usually don’t know how to redress the injustice they have experienced. If you ever find that you have become a victim of medical malpractice, here is what you should do.

Steps to Take If You Become a Victim of Medical Malpractice

It is essential to know that there are specific steps you can take to rectify the situation and, if possible, to get justice for what happened. Some of the things you can do include:

1. Get the Law on Your Side:

Once you have ascertained that you are a victim of medical malpractice, the next thing to do is gather evidence and hire a capable attorney from a reputable law firm like Mandell, Boisclair & Mandell, Ltd to represent you.

Ensure that you are well within the Statute of Limitations period, which indicates a specified period within which you must file your medical malpractice case before the law. The period ranges between states and regions, and once the limitation period expires, compensation claims might be forfeited.

With proper consultation with your attorney, you will be able to provide all the required information from your journal, medical records, and other evidence, and also decide the next step to take concerning your case.

Your attorney will set all documents right and take the necessary steps to ensure that you get justice within the stipulated law without fail.

2. Change the Doctor or Health Care Centre:

Medical malpractice comes in many forms, like inadequate treatment, poorly performed surgery, or incorrect diagnoses, and so on. Therefore, it is essential to know about medical malpractice and what classifies as such.

The moment you feel that you are a victim of any of the aforementioned issues, it is important to find another professional in that field to verify your claim of medical malpractice. A testimony from a medical expert collaborating your claims will go a long way in getting the justice you deserve.

Apart from that, you also need to change your doctor and healthcare center immediately to avoid further damage.

If you continue to receive care from the hospital where medical malpractice occurred, you may be endangering your health. Therefore, it is advisable to change doctors and hospitals as soon as possible.

3. Keep Everything Documented:

The moment you realize you’ve been a victim of medical malpractice, it is crucial to keep a journal and record everything you are feeling and experiencing due to the act.

The information contained in your journal will not only help with the lawsuit, it will also help your lawyer to defend your case further. Furthermore, your new doctor will also find the journal useful. It will help your doctor understand the problem and give him or her an insight into how best to proceed.

The journal should contain information, such as the symptoms you are feeling, the medications prescribed to you, and how medical malpractice has affected your life.

4. Request for a Copy of Your Medical Records:

Once your case of medical malpractice has been confirmed, your medical records automatically become vital evidence in your quest for justice.

As evidence, your medical record contains all the necessary details and information. It shows your medical history, the symptoms you exhibited, the tests that were carried out on you, the medications your doctor prescribed, the treatment pattern, and surgery.

Make sure you have a copy of your medical records as evidence before filing a lawsuit. This is to prevent the health care center or doctor from changing information that might incriminate them.

5. Let Your Attorney Do the Job:

A scenario that often affects cases of medical malpractice is patients threatening either the medical personnel or the hospital responsible before legally filing a suit.

Although you may be hurt and angry, it is best to leave the entire legal approach to your attorney to ensure that everything runs smoothly in your favor.

Avoid contacting the medical personnel responsible or the health care center. Contacting them will be giving them leverage to manipulate you emotionally and or financially.

Besides, if you confront the staff responsible, you would actually give them a heads up, thereby allowing them time to prepare a rebuttal to your suit.

So to guarantee a seamless process, cut all contact with the parties responsible for the damage and let your attorney take full charge of the case.


Since medical malpractice is still a reality in the health sector, you must stay prepared and know what to do should you become a victim of such misconduct. Taking the right steps, as identified and explained above, will help you get justice and reparations as a victim of medical malpractice.

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