Dealing with Medical Malpractice

Medical malpractice is all too common, yet few of usresponse
are prepared for it or know what to do if it happens· If injuries or physical decline are visible take
to us or to someone we love. The impact can rangephotos, and have before photos on hand as well
from a minor inconvenience to death. The nature ofFinancial records
the error and the severity of your injuries willWhile you may not be compensation or reimbursed
determine what you must do. Here are some basicfor every loss or expense, it is important that you,
steps you should take.your attorney, and the courts have an accurate
Obtain all of your medical recordspicture of the financial impact of your injuries. Keep a
Do this as soon as possible to avoid any changes orrecord of any financial damage you have incurred due
falsification being made in your records. Alterationsto the incident including:
are rare, difficult or impossible to prevent, and· Lost wages
difficult to prove, but if proven there are stiff· Additional medical care or procedures you have
penalties involved. A doctor can lose his or her licenserequired as a result of the malpractice
and institutions, such as hospitals can be fined or· Travel expenses required for obtaining
sanctioned. In some cases, if a health care provideradditional medical care
cannot or will not provide medical records in court,· Therapy, counseling, or any other services
the court will rule in your favor on that basis alone.required to deal with the emotional and psychological
Obtain an independent medical evaluationtrauma
Your attorney will advise you on obtaining an· Special equipment needed to deal with
independent medical evaluation. This is one of thedisabilities or impairment
most important steps in a medical malpractice case. It· In-home care
may be necessary for you to be evaluated by a· Other necessary paid services including
specific practitioner.housekeeping and childcare (unfortunately help from
Document your experiencefamily members does not usually count, with the rare
Write down everything that you can rememberexception of wages lost due to providing direct care
about your experience from your first contact withto the victim)
the health care provider to the last, including but not· Moving expenses should your injuries require
limited to:moving to obtain ongoing care, due to physical
· Symptoms you spoke about any actions theylimitations, or due to loss of income
recommended in responseJournaling
· Any and all communications with staffYou may be entitled to compensation for pain and
· Voicemails you left, whether or not you got asuffering and loss of enjoyment of life.
response, and, if so, how long it took to get a