Sometimes, medical errors leave obvious signs: burns, misplaced cuts, infections at the site of incision. However, some are of the more subtle kind and don't manifest until much later. In this case, patients often don't take action until they suffer serious injuries, or occasionally, until the time limit for filing a case has passed. These five steps can help patients spot medical errors early on and get the best response for their case.
Act immediately
Each state has a statute of limitations concerning medical malpractice cases—a specified period after the malpractice within which the case must be filed. While a "wait and see" approach may sound more practical, the longer one waits to bring up the matter, the smaller the chances of making a successful claim.
Request medical files
Many medical malpractice cases stem from simple errors in record-keeping. Having one's records on hand will avoid delays in tracking medical errors, and sometimes prevent them altogether. This will also ensure more consistent care when the patient changes doctors (as often happens after a medical error) or when a new physician joins the team.
Seek second opinions
Patients should take it upon themselves to verify their doctors' advice. Often, this means seeking a second opinion when the first one seems vague or doubtful. But rather than refuting the doctor's diagnosis altogether, it's best to discuss the problem professionally and back it up with written recommendations or test results from a different doctor.
Keep personal records
Medical malpractice cases can take months to resolve, during which patients seldom receive adequate care. Patients or their families can keep day-to-day accounts throughout the case, monitoring the person's health and how well their needs are being addressed. These accounts can also come in handy when making claims for general damages.
Separate legal and medical matters
Each doctor has his or her opinion of medical laws, so bringing up legal matters with one's doctor can be a bit risky. Instead of risking proper care by complaining (even about a different doctor in a different clinic), patients should draw a clear line between the two. Doctors can give advice on health matters; legal talk should be saved for lawyers.
