How to Report Medical Malpractice

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Step 1

Obtain the patient's medical records from the hospital and the physician's office by contacting the appropriate medical records departments. Sign a "release of records" form as required by individual records departments. Pay copying fees as required.

Step 2

Contact the hospital risk management department if the injury that resulted was due to medical malpractice that occurred during a hospital treatment or stay. Be prepared to answer questions about the date and time of occurrence, staff members involved and injury that resulted. Set up a date and time when the risk manager is to call back with a report of the department's investigation. Maintain a notebook or computer file to record the date, time and person with whom you spoke.

Step 3

Contact the Joint Commission (formerly the JCAHO) by telephone or through its website to file a report of concern about medical malpractice in a health care facility. Complete the online form provided with accurate dates and times as well as names of medical staff involved. Record details in a notebook.

Step 4

Report any concerns about physician performance to the National Practitioner Data Bank. Provide accurate dates, times and details. Record it in a notebook.

Step 5

Contact a medical malpractice attorney. Provide the attorney with any medical records that are pertinent to the medical malpractice issue. Include copies of medical bills; proof of lost wages; related out-of-pocket expenses such as home nurse fees, medical equipment rental and additional hospitalizations.

References

Resources

About the Author

Caroline Adams has been a professional writer and educator since 1980. She has published articles on health-care risk management and continuing education for health-care professionals. Her credentials include a nursing degree, a B.A. in pre-law, a M.A. in health-care law and a M.Ed. from DePaul University. She has taught at several colleges and universities in the Midwest including the University of Illinois and DePaul University.

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