Harmed by a medical error
Not every bad outcome is a medical error, and these claims are among the hardest to prove. They also tend to have stricter rules and shorter deadlines than other injury claims, so it helps to start early.
What to do first
- Get safe and get medical care. Call 911 if it is serious. Get checked even if you feel okay.
- Request your medical records. Ask in writing. You have a right to a copy.
- Write down what happened and when. Dates, names, medications, and what you were told.
- Get a second opinion if you can. Keep every record and bill.
- Collect witness contacts. Name and phone number for anyone who saw it.
- Do not admit fault. Stick to the facts. Do not apologize or guess what happened.
- See a doctor within 24 hours. Symptoms can show up days later. Keep every visit record.
What to do and save
- Request a complete copy of your medical records, including notes, test results, and billing.
- Write down a timeline of what happened, who said what, and when you noticed the problem.
- Keep prescription bottles, discharge papers, and wristbands.
- Get follow-up care, and consider a second opinion from a different provider.
- Keep records of added bills, extra treatment, and missed work caused by the problem.
Common mistakes
- Waiting while a deadline runs. The clock sometimes starts when the problem was found, and some states cap how long you have in total.
- Posting about the care or the provider online.
- Signing a release or a settlement offer from the provider’s insurer without advice.
- Skipping follow-up care for the problem itself.
Who may be responsible
A doctor, nurse, hospital, pharmacy, or other care provider. Claims about a drug or medical device may involve the manufacturer.
Your filing deadline
Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter. Medical claims often have shorter deadlines than other injury claims, and some states have special rules.
See the time limit for your state
When it is worth talking to a lawyer
It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Questions people ask
Do I need a lawyer?
No law says you must have one. Many small claims are settled without a lawyer. It is worth talking to one if you were seriously hurt, fault is disputed, the insurer denies or delays the claim, you have a long recovery, or you are offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
How do injury lawyers get paid?
Many take cases on contingency. The lawyer is paid a percentage of what you recover and nothing if you recover nothing. Case costs, such as records and expert fees, are handled separately in many agreements. Ask for the percentage and how costs are treated in writing before you sign.
How long does a claim take?
It depends on how serious the injuries are and whether fault is disputed. Simple claims can close in a few months. Claims with long treatment or disputes can take a year or more. Insurers usually wait until you finish treatment.
How do I pay medical bills while my claim is open?
Use your health insurance if you have it. Some auto policies include medical payments or personal injury protection coverage, which pays regardless of fault. Providers or insurers may later ask to be repaid from a settlement, which is called a lien. Keep every bill and explanation of benefits.
General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.