How to Take Action After Experiencing a Medical Error

By Your Health Magazine

Your Health Magazine

. http://yourhealthmagazine.net

More Legal and Health Articles

How to Take Action After Experiencing a Medical Error

After experiencing a medical error, you should seek medical care immediately, document what happened, and understand your legal rights. These steps help protect your health, preserve evidence, and reduce the risk of further harm.

Medical errors can happen at any stage of care, from diagnosis and medication to surgery and follow-up treatment. In cities like Tacoma, where large hospitals and specialty clinics serve patients across Pierce County, even small mistakes can lead to serious injuries.

If a preventable error caused your harm, speaking with a Tacoma medical malpractice lawyer can help you understand how Washington law applies to your situation and what options may be available. You don’t need to have everything figured out right away, but early clarity makes a difference.

What Counts as a Medical Error?

A medical error is a preventable mistake in care. It can happen during diagnosis, treatment, surgery, medication, or follow-up.

Examples:

• A doctor misses clear signs of a stroke.
• A nurse gives the wrong medication dose.
• A surgeon operates on the wrong body part.
• A hospital fails to monitor you after a high-risk procedure.

Medical errors remain a serious issue. A 2022 report from the U.S. Department of Health and Human Services Office of Inspector General, analyzing hospital stays from October 2018, found that 25% of Medicare patients experienced harm during hospitalization, and 43% of those events were preventable.

Step 1: Get Medical Care Right Away

Your health comes first.

If something feels wrong:

1. Seek immediate treatment.
2. Ask for a second opinion.
3. Tell the new provider exactly what happened.

Document symptoms. Write dates, times, and names. Small details matter later.

Step 2: Request Your Medical Records

You have a legal right to your records.

Under the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. § 164.524, patients have the right to “inspect and obtain a copy” of their protected health information.

Ask for:

• Doctor notes
• Test results
• Medication lists
• Surgical reports
• Billing statements

Request them in writing. Keep copies.

Step 3: Understand Washington Medical Malpractice Law

In Washington, medical malpractice claims fall under RCW 7.70.030. The law allows a claim if injury results from:

• Failure to follow the accepted standard of care
• Lack of informed consent
• A promise that treatment would cure you

Washington also has a statute of limitations. Under RCW 4.16.350, you generally have three years from the date of the act or one year from when you discovered the injury, whichever comes later. Deadlines matter.

Step 4: Preserve Evidence

Do not alter documents. Do not post details online.

Keep:

• Prescription bottles
• Discharge papers
• Photos of injuries
• Communication with providers

If a medication error caused harm, save the packaging. It may show dosage or labeling issues.

Why Taking Action Matters

Medical errors can follow you long after the original mistake. Ongoing pain, missed work, and added medical bills stack up fast. Waiting often makes things harder, not easier.

Early action protects your health. A prompt second opinion can catch problems before they worsen. Clear records help new providers understand what went wrong and how to treat you safely.

Timing also affects your legal options. Evidence fades. Records get harder to obtain. Witness memories change. Washington law sets strict deadlines, and missing them can end a claim before it starts.

Acting early gives you clarity. You get answers sooner, preserve key information, and keep control over what happens next.

Quick Summary

1. Get medical help immediately. Your health comes first. Seek treatment and consider a second opinion.
2. Document everything. Write down symptoms, dates, provider names, and conversations. Keep copies of all records.
3. Request your medical records. Under HIPAA (45 C.F.R. § 164.524), you have the right to access and obtain copies.
4. Know the legal standard. In Washington, RCW 7.70.030 allows claims for failure to meet the standard of care, lack of informed consent, or breached treatment promises.
5. Watch the deadline. RCW 4.16.350 generally gives you three years from the error or one year from discovery.
6. Preserve evidence. Keep prescriptions, discharge papers, photos, and written communication. Avoid posting details online.