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Medical Malpractice: What You Can Do

By: Trudy Lieberman Source: AARP Bulletin Today Date Posted: April 2006

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1. Collect your medical records as quickly as possible. Once a medical error occurs, record alteration can become a problem. 

2. Make an appointment with the doctors, the hospital CEO or nursing home administrator to discuss what happened and why. They may be cooperative, especially if they are participating in "apology" programs in which providers are candid about what went wrong. 

3. If you don't get a satisfactory response or the promise of compensation, you may want to contact a lawyer who specializes in malpractice.
   

4. Be aware that you may be turned down unless the lawyer believes the case could be financially worthwhile. This is especially true if you are older or disabled, have little or no economic loss or live in a state that has capped noneconomic damages.
   

5. File a complaint with the appropriate regulatory agencies.  For doctors, contact the state licensing board. For hospitals, the state health department and the Joint Commission on Accreditation of Health Care Organizations (JCAHO) may investigate your complaint. Go to http://www.jcaho.org/. For nursing homes, contact the state health department's agency that licenses nursing homes and conducts state inspection surveys. For Medicare, contact the quality improvement organization for your state.