In a February, 2000, report entitled “Medical Errors: The Scope of the Problem”, the Agency for Heathcare Research and Quality stated that as many as 44,000 to 98,000 people die in hospitals each year as the result of medical errors. The report went on to state that “Even using the lower estimate, this would make medical errors the eighth leading cause of death in this country – higher than motor vehicle accidents, breast cancer or AIDS.” The study only dealt with errors that resulted in death and did not address the thousands of other instances that result in permanent disability short of death. Statistics from the Journal of the American Medical Association (JAMA) are even more alarming, showing negligent health care to be the third leading cause of death, behind only heart disease and cancer.

Here are some things that you can do to avoid becoming part of these statistics:

First, become proactive about your own medical care. Take the time to understand your health condition. Keep track of your symptoms and anything that triggers them. Have a written list of questions for your doctor and make sure that you get the answers to those questions. Make sure you give your doctor all of the facts about your health condition – don’t hold anything back.

Second, don’t be afraid to get a second opinion. Your relationship with your doctor is one of trust. If your medical provider hasn’t earned your confidence, seek out a new doctor who will be able to answer your questions and give you the peace of mind needed to follow their advice.

Third, don’t be intimidated. The healthcare system can be frustrating, but you are in control. Speak up for yourself and make sure that the doctor knows everything that is going on with your health condition. If you won’t make sure you are receiving proper care, no one else will.

Fourth, bring an family member or trusted friend along with you to important appointments. We aren’t always able to remember everything or to ask the right questions when we don’t feel well. A friend or relative can listen, ask questions, take notes and help you to get the best medical care possible.

Fifth, get involved in the community to make sure negligent physicians are held accountable. Tell your state and federal representatives that you are against so-called “tort reform” measures that make it harder for individuals to file medical malpractice claims.

By following these five suggestions, you will not be able to prevent medical malpractice from occurring. Much of what can go wrong in medicine is beyond your control. However, there are times when your actions, or lack thereof, may determine the success of your treatment and the outcome of any procedure.

We have great respect for physicians and the challenges that they face. Physicians undergo extensive training to learn to provide proper care to their patients. Despite their education and training, we realize that physicians are human, and thus, are capable of error. An unexpected outcome from a procedure does not, by itself, constitute malpractice. However, we don’t believe that doctors should be treated differently than others when they make mistakes that cause serious harm to patients.

What should you do if you suspect that you’ve received negligent health care?

Time is short in medical malpractice cases and there is a statute of limitations that may forever bar your case from being brought to court, so you should contact an experienced malpractice attorney as soon as possible. A good malpractice lawyer will perform a thorough review of your medical records to determine whether your potential case is actionable. A malpractice claim exists if a provider’s negligence harms the patient. It is important to remember that a bad outcome isn’t always proof of medical negligence.

You should also be aware that bringing a medical malpractice case can be extremely expensive and stressful. Further, these cases last for years. The vast majority of cases end with no payment to the patient or a defendants’ verdict in favor of the doctor. As a result, we will not pursue a medical malpractice claim unless the injuries and damages are substantial and an expert in the same field agrees that negligence occurred and the claim is worthy to be filed.

If you need legal assistance, or for further information about a medical malpractice case, please contact us.