I Think My Doctor Committed Malpractice, Now What?

According to recent research, the third leading cause of death in the US is none other than Medical Malpractice (estimated 251,000 deaths annually). So, If you think your doctor may have committed malpractice, it is important to take action immediately. 

In this blog post, we will discuss what is medical malpractice and the steps you need to take if you believe your doctor has committed one.

What Is Medical Malpractice?

Medical malpractice is a form of negligence that occurs when a doctor, nurse, or other health care professional who provides treatment fails to meet the accepted standard of care. This can include anything from failing to correctly diagnose an illness or disease, making a mistake with an operation, or prescribing the wrong medication.

Medical malpractice lawsuits are filed when someone suffers serious injury or death as a result of negligence by a healthcare provider. If you believe you have been injured because of medical malpractice, it’s important that you talk with a medical malpractice attorney in Philadelphia about your rights.

Common Forms Of Medical Malpractice

Medical malpractice can take many forms and often directly results in significant physical and psychological harm. Common examples of medical malpractice include:

  • Failure to diagnose a medical condition
  • Failure to properly treat a medical condition
  • Incorrect administration of treatment or medications
  • Surgical errors
  • Delayed diagnosis or treatment
  • Incorrect interpretation of test results
  • Improper technique during surgery or diagnosis
  • Birth injuries caused by negligence during labor and delivery.

Each of these instances has the potential to negatively impact the health of an individual and result in legal action against any doctor or hospital responsible for the oversight.

Steps To Take If Your Doctor Has Committed Medical Malpractice

  1. Document Evidence

If your doctor has committed medical malpractice, then the first step is to document and collect as much evidence as you can. This will help bolster your claim. Medical records and eyewitness accounts should be sought out to try and establish causation between the doctor’s actions and any injury or loss of life.

It is also important to consider other factors such as failed follow-up instructions, failure to obtain informed consent, or any other care or treatment that falls below the accepted standard of care for the particular situation.

Granted, some of this evidence may not be conclusive but it should go a long way toward building up a successful case against your physician if necessary.

  1. Ask For Your Medical Records

You need to request copies of all of your medical records. These documents will provide essential details about any treatments or procedures conducted by the doctor. 

In addition, they may contain evidence regarding communication and other interactions with your physician that could support a claim of medical negligence. 

Moreover, ensure that each record copy is complete to avoid complications associated with incomplete information when filing a malpractice claim.

  1. Consult Another Doctor

Before pursuing a legal claim, you need to seek help from another doctor. It is crucial to know that a mistake was indeed made and your injury resulted from this error. By seeking another doctor’s opinion, you can make sure that the diagnosis and treatment given were warranted in terms of accepted standards of care.

Furthermore, detailed descriptions of corresponding medical tests and results will provide visibility into different approaches healthcare providers may have taken while examining and treating you. 

  1. Register A Complaint To The Medical Board

State medical boards exist to ensure that healthcare providers abide by certain codes of ethics and standards of practice. 

By reporting your malpractice incident, the medical board will investigate the matter further. Conduct a trial and will hold those accountable who violate these standards. It is important to note that your case will result in a conviction or disciplinary action.

  1. Hire A Medical Malpractice Attorney

Seeking legal aid from an attorney who specializes in medical malpractice is essential when considering actions against a doctor for alleged malpractice. The experience and knowledge of an attorney in this field shall be leveraged to set up the correct arguments and course of action needed to initiate proceedings.

In such a situation, typically you would first need the counsel of an attorney who will assess the case and suggest any next steps. Additionally, the attorney will provide comprehensive guidance about the time frame, cost, process, and other intricacies related to filing medical malpractice claims. 

Therefore it is significant to ensure that you are represented by a qualified medical malpractice lawyer due to the complexity involved in pursuing these claims.


Reporting possible medical malpractice is vital to protecting yourself, your family, and other patients. If you think you’ve been a victim of malpractice, gather as much evidence as possible and consult with an attorney who specializes in these cases. There are many law firms in Philadelphia and Edelstein Law Firm is one of the best firms with experienced lawyers available to help you throughout this process.

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