The suggestions in this article are not intended to be legal advice. It is important that you contact an attorney as soon as possible.
Contact a qualified and experienced medical malpractice attorney.
Just as doctors specialize in an area of medicine, so do lawyers specialize in an area of law. When explaining your case to a lawyer or a legal assistant, try to relate the facts in chronological order. Identify the date or dates you think the malpractice or injury occurred.
Get a copy of the medical records as soon as possible.
Medical records disappear, get altered or deleted. It seems unbelievable, but it’s true. The sooner you can get a copy of your records the better. You have a right to a copy of your medical records under California Evidence Code §1158 and Federal HIPPA (Health Insurance Portability and Accountability Act of 1996). A screening attorney will want to look at the medical records, so you may want to keep an extra copy for your own files.
Get that part.
If your malpractice involves a prosthesis or screws or some other implanted devices, and they are removed, make sure to get the old “parts.” Get the name of the manufacturer and the serial number. There could be a potential product liability case.
Hold on to your x-rays.
If you have access to your original x-rays, hold on to them. You may need them.
Take photographs.
Take pictures of scars, blisters, burns, wounds, ulcers, bruises or other conditions which you feel are related to the malpractice. Keep treating physicians’ business cards. Sometimes it’s hard to remember all of the names of the doctors you’ve seen after a problem occurs. An easy way to keep track is to get a hold of a business card. It lists all of the pertinent information, including the doctor’s specialty.
Track those expenses.
Keep copies of all of your health insurance Explanation of Benefits (EOB’s), receipts for prescriptions, over-the-counter medication and all out-of-pocket costs related to the malpractice. If the malpractice causes a death, keep track of funeral and related expenses.
Track income loss.
If you’ve lost income because of the malpractice, track it the best you can. If you’re hourly, keep your check stubs to show how much time or overtime you’ve lost. Keep track of the days you’ve lost work. If you are self-employed, keep track of your past income so that future income loss can be calculated based on a “before” and “after” malpractice scenario.
Get a second opinion from another doctor.
Doctors are extremely reluctant to criticize other doctors. If you need to obtain a second opinion about your condition, ask the doctor straight out what he/she thinks happened and why. Also, if the doctor you suspected of negligence wants to do further surgery or procedures, get that second opinion.
If possible, get an autopsy.
In the case of a death caused by malpractice, the case is more difficult without the benefit of an autopsy finding. For example, if the cause of death was from an overdose of medication, the case is much more straightforward if the toxicology report confirms the medication in the blood. An autopsy is not absolutely necessary in all cases, but it is helpful. I understand that some individuals have religious and other personal reasons for not wanting an autopsy performed, and I respect those beliefs.
Don’t forget the pharmacy records.
If the malpractice is drug-related, and if you obtain your prescription drugs from the same pharmacy or pharmacies, ask for a printout. That way you have the name of the drug, the prescribed dosage, the prescribing physician’s name, and the cost. Also, keep your original prescriptions bottles or containers, especially if you suspect you were given the incorrect pharmaceutical or dosage. If you now have to take medication because of the malpractice or negligence of a physician or doctor, this information will also be helpful in determining the cost of future medication needs.
Keep your old calendars.
If you’ve had to make numerous doctors’ appointments as a result of the malpractice, the easiest way to track them is to hang on to your old calendars. Most people write down appointments or record them somehow. Keep that information available. If it’s electronic, archive it.
Follow-up appointments.
If you continue to treat with the negligent doctor, it is often a good idea to take someone with you to follow-up appointments, just in case there becomes a “he said-she said” issue.
I cannot emphasize enough the importance of promptly contacting an attorney regarding any suspected malpractice. There are deadlines for bringing a medical malpractice, product liability or personal injury lawsuit. The sooner you contact an attorney, the less likely you will miss the deadline. For more information, please see “Definition of Medical Malpractice" and related articles under News/Articles.
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