Five Tips All Medical Malpractice Victims Should Know

A recent study published in the Journal of Patient Safety has estimated that between 210,000 and 440,000 patients that are checked into U.S. hospitals annually for care suffer some form of preventable harm at the hands of their doctors and medical staff, ultimately contributing to their death. If these numbers are accurate, that would make medical errors the third-leading cause of death, behind heart disease and cancer. Despite these high figures, many Americans are still unaware of how to handle situations in which they believe they or their family members have been a victim of medical malpractice and are unsure of how to seek compensation for these serious errors. The following five tips from a West Virginia medical malpractice lawyer should give you the guidance you need to begin an investigation into medical malpractice:

1. Obtain a copy of medical records. Under federal law, every patient has a right to access his or her medical records. These records can offer vital information about what took place, including any wrongdoing. Immediately following the incident, contact your doctor’s office or hospital medical records department and ask for a complete copy of your records, including any notes, lab results, and diagnostic images. Keep detailed notes on the incident in question - the more evidence that you have, the stronger your argument for malpractice becomes.
2. If a patient death has occurred, order an autopsy. In the event of a patient death due to believed medical malpractice such as an error in surgery, an autopsy, including toxicology tests, is one of the most reliable methods to figure out what caused an unexpected death. While hospitals do not normally conduct autopsies on patients who have died, the family reserves the right to request one. If the local medical examiner will not conduct the forensic autopsy, the family can be referred to an independent pathologist at their own expense.
3. Ensure the event is reported within the hospital. Accredited hospitals have procedures in place that require the hospital to conduct an internal investigation in the case of serious medical incidents. Reporting the event to regulators can also help to ensure that another patient does not suffer the same harm that you or your family member has suffered. While medical providers may be cited or fined and ordered to establish a safety program for improvement, each state has differing standards and laws on the reporting and handling of medical malpractice incidents - be sure to familiarize yourself with the laws of your state.
4. Contact an attorney. The criteria for proving medical malpractice are extremely higher than most patients anticipate and require a strong case. Attorneys who focus on medical malpractice typically do not take many cases because they are expensive to litigate and difficult to win. If an attorney does not take your case, he or she may still help you work with the hospital or other involved providers.
5. Talk with the doctor and hospital officials. You have the right to speak to your medical professional and hospital officials about the incident that has occurred and how to prevent the same situation from happening in the future. Additionally, you can negotiate with the providers to agree on compensation or to waive medical expenses. Bringing an attorney with you will ensure that any and all decisions you make are in the best interest of you and your family.