Being proactive about your medical care can help prevent becoming a victim of medical malpractice. Here are essential steps you can take to protect yourself:
Research Your Doctor Thoroughly
When it's not an emergency, take time to investigate your healthcare provider:
- In Missouri, use CASET to research if the doctor has been involved in any lawsuits
- Review their professional biography on their website, paying attention to:
- Employment history (frequent changes may be a warning sign)
- Medical school background
- Residency and fellowship training locations
- Areas of specialization and expertise
Remember: Modern medicine is highly specialized. If you need a specific procedure like a hip replacement, choose a surgeon who specifically lists this as their primary focus, not one who primarily deals with shoulders, elbows, or ankles.
Take Control of Your Medical Records
This step is crucial and could save your life. Many medical malpractice cases stem from communication failures about test results. Here's what to do:
- Request your records immediately after every test or procedure
- Access your patient portal regularly to review test results
- Don't rely solely on doctors or nurses to report results
- Google medical terms and test results to understand what's abnormal
- Ensure test results are communicated between your healthcare providers
Common Problem: Emergency room findings often slip through the cracks. For example, if the ER discovers an incidental finding like potential cancer, they might assume your primary care doctor will follow up. However, this information sometimes never reaches your primary care physician, allowing potentially life-threatening conditions to go untreated.
Understand Your Procedures
Before agreeing to any surgery or procedure that isn't urgent:
- Ensure your doctor thoroughly explains all risks
- Ask specific questions about:
- How many times they've performed this specific procedure
- Their personal complication rate
- Alternative treatment options
- Known risks and complications
- Research standard complication rates online for comparison
- Take time to weigh risks versus benefits
- Don't feel rushed into making decisions
Document Everything
In Missouri, you have the right to record conversations with healthcare providers:
- Missouri is a one-party consent state
- As a participant in the conversation, you can legally record without informing others
- Recording is especially valuable:
- During pre-surgery consultations
- When receiving post-operative instructions
- During hospital discharge
- When discussing risks and complications
Why Documentation Matters In A Missouri Medical Malpractice Claim
- Medical information can be complex and delivered rapidly
- Your ability to remember details may be compromised by stress or medication
- Healthcare providers may later claim they discussed certain risks or gave specific instructions
- A recording can be crucial evidence in establishing what was actually communicated
Remember: Early intervention and clear communication can prevent many medical complications. Being proactive about your healthcare doesn't make you a difficult patient – it makes you a responsible one.
