Medical Malpractice Awareness Month:
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Myths, Facts, Do’s & Don’ts
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In a doctor-patient relationship, trust matters. And when trust is broken by a medical error, the results are often devastating. As patients grapple with consequences, costs, and shock, they often wonder:
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When does a “mistake” become “malpractice?”
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At Mark W. Smith & Associates, we understand the difficulties of such situations, and we’ve noticed a lot of misconceptions surrounding them, too. For this year’s Medical Malpractice Awareness Month, we’ve put together the following guide, which dispels common myths and gives you the facts instead!
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Malpractice Myths vs. Mark W. Smith Facts
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Medical malpractice occurs when a healthcare provider deviates from the recognized "standard of care," causing injury to a patient. Let’s debunk a few myths around that fact.
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MYTH...
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FACT...
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| "A bad outcome is malpractice." |
Medicine has inherent risks; a negative result doesn't automatically mean malpractice occurred. Did the provider's care fall below the accepted standard? Did this deviation cause the harm?
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"I can't afford to file a claim against a hospital or doctor."
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Most experienced medical malpractice attorneys, including our firm, work on a contingency fee basis. This means you pay no attorney fees unless we secure a recovery for you.
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"Filing a claim is about getting 'revenge' on a doctor."
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While holding negligent parties accountable is important, a malpractice claim is primarily about securing fair compensation for your injuries, medical bills, lost income, and future care needs.
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"I have plenty of time to file a lawsuit."
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This is one of the most dangerous myths! Louisiana has strict and complex deadlines that can permanently bar your claim if missed.
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The Do's & Don'ts:
Protecting Your Rights After Medical Malpractice
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The actions you take after suspecting a medical error are critical. Navigating this period correctly can preserve your ability to seek justice later!
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DO Seek a Second Opinion: Your health is the priority. See another qualified doctor in the same specialty to review your condition, confirm your diagnosis, and establish a new course of treatment.
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- This not only ensures you get the care you need but also creates an independent record of your medical status after the suspected error.
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DO Keep a Detailed Journal: Document everything. Write down your symptoms, pain levels on a daily basis, any physical limitations, and how the injury is impacting your daily life (e.g., missed work, inability to do chores, emotional distress). This journal can become invaluable evidence!
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DO Gather All Your Medical Records: You have a right to your medical records. Formally request copies of all relevant documents from the hospital and all doctors involved. This includes doctors’ notes, nurses’ notes, lab results, imaging reports (X-rays, MRIs), and billing statements.
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DON'T Sign Anything Without Legal Review: Hospitals or their insurance carriers may ask you to sign waivers, releases, or settlement offers.
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- Do not sign anything until it has been reviewed by an experienced medical malpractice attorney. You could be unknowingly signing away your rights!
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DON'T Have Confrontational Conversations: Avoid angry confrontations with the doctor or hospital staff. While it's okay to ask questions about your care, hostile interactions are rarely productive.
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DON'T Post on Social Media: This is crucial. Do not discuss your injury, your treatment, your doctor, or your feelings about the situation on Facebook, Twitter, Instagram, or any other platform.
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- Insurance companies actively search social media for photos or comments they can take out of context to argue that your injuries are not as severe as you claim.
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DON'T Alter or Tamper with Your Medical Records: NEVER attempt to change or add to your medical records. This will destroy your credibility and your case!
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