Were you hurt by medical care that went wrong? Here is what to do next

Realizing that medical care may have harmed you instead of helped you is a hard, confusing moment. You are not alone, and you do not have to sort this out by yourself.

Do you need medical care right now?

• Get emergency care if you feel worse or something new is wrong. Call 911 if it is urgent.
• See a different provider if you are not comfortable going back to the one involved.
• Request your complete medical records in writing. You have a right to them.
• This page is for after you are safe and getting care.

This page covers medical harm claims and what to do right now. We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Why medical harm claims get tricky

Medical harm claims (sometimes called medical malpractice) are some of the hardest injury claims to prove. You usually need a medical expert to say your care fell below an acceptable standard, and that the failure caused your injury. Without that expert review, courts routinely dismiss these cases, even when the harm is very real. Request your records and get a second opinion so you have that proof.

Warning: don't wait! The deadline clock is a trap. In many places it starts the moment you know you were hurt and what caused it, not the moment someone tells you it was a mistake, so waiting to be sure kills cases. The longer you wait, the fuzzier memories get and records get harder to pull. Learn your state's deadline early. And important: medical claims often run on a shorter, different clock than a standard injury claim, so do not assume the usual rule applies.

Because these cases are technical, a lawyer who does not regularly handle medical harm cases can miss the deadline or fail to get the right expert, even with good intentions. Talk to an advocate so you connect with a lawyer who handles cases like yours.

Protect your case

1. Request your complete medical records in writing.
2. Write down a timeline: what care you received, when, and when you first noticed something was wrong.
3. Note the exact date you first suspected your injury was connected to your care. This date can start the deadline clock.
4. Keep every bill, test result, and note in one place.
5. Talk to an advocate at WeHelpInjured. It is free.

Never do these

• Never skip a follow-up medical visit because you are angry or unsure. Get care first, and talk to an advocate about the rest.
• Never confront the provider about fault. Focus on records and care. A lawyer sorts out responsibility. Talk to your advocate and they will introduce you to one.
• Never sign anything from the provider or their insurer, or accept an early offer, before you talk to your advocate. Once you sign, you may not be able to undo it.
• Never give a recorded statement to an insurance company, even your own. Talk to your advocate first.

What we can help with

We help you understand your medical records and your rights, in plain language. We make sense of your state's deadline rules, and we connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. We never name or push a specific provider or firm, and we never take money from you.

Talk to an advocate. It is free, and it only takes a few minutes.

Sources

• United States v. Kubrick, 444 U.S. 111 (1979), Justia Supreme Court Center
• Deadlines vary by state and can start before you realize a mistake was made. See /states/ for details.
• Related reading: How long do I have to act after an injury?