What to Do If You Think You Have Been Harmed by Your Healthcare
If you (or your loved one) have been harmed or injured during your care at a hospital, clinic, or other healthcare organization, you have the right to:
Know what happened
Ask why it happened
Ask for help with any problems you are having
Negative or bad healthcare outcomes can happen for many reasons. Sometimes harm is an unavoidable side effect of good care, like an allergic reaction to the right medication. Other times patients are harmed by errors or bad care. Talking with your providers can be an important step in understanding whether the harm you experienced means that there was an error in your care and that the error caused the harm.
Steps You Can Take
Here are some steps you can take. Some may be a good match for your case, others may not. If you are unsure what to do, ask for help from someone you trust.
1. Seek Medical Attention
If you're experiencing immediate health issues as a result of the harm, make it your priority to seek care. Reach out to someone you trust if you are suffering or need support. Consider getting a second opinion about your health and your options.
2. Keep Track of What Happened
Write down a list of what happened, when, and who was there. If you’re unsure, ask the people who were there to help you remember. Take notes on any conversations or messages you have with the organization and keep copies of any information they give you. Get and review your medical record (see below for more information). The records you keep can be important when communicating with the organization, or if you decide to take legal action.
3. Talk to a Trusted Member of Your Healthcare Team
Reach out to someone you trust on your healthcare team, someone you can talk with and ask questions. If you don’t have someone you can trust, ask if the hospital has a patient advocate or an ombudsman.
Types of Healthcare Team Members
Counselor or Therapist
Case Manager
Pharmacist
Occupational or Physical Therapist
Dentist
Doctor or Surgeon
Nurse Practitioner (NP)
Physician's Assistant (PA)
Nurse (RN or LPN)
Social Worker (SW)
4. Ask About Patient Relations or a Patient Advocate
Many healthcare organizations have people whose job it is to hear about problems patients and families are having. Often, this is called a being a Patient Advocate, but the healthcare organization may call them something else. Their phone number, address, and/or e-mail should be on the organization’s website or materials they gave you (like a Patients’ Rights and Responsibilities brochure). You can also call the main phone number for the organization and say you would like to make a complaint.
You can call or write them to tell them what happened, ask why it happened, and ask for help with any problems you are having.
Example Job Titles
Patient Relations, Services, or Advocate
Patient Experience Officer
Patient Complaints Manager
Risk or Quality Manager
Ombudsman or Ombudsperson
Practice, Clinic, or Center Manager
Customer Service
5. Ask to Speak with the Healthcare Organization’s Leader
If you feel you are not being heard, you or your representative can ask for a meeting with a leader in the organization. It can be helpful to have support during such a meeting—like from a family member, a trusted member of your healthcare team, or a lawyer.
6. Find a Lawyer to Help
This is someone you can hire. They can help you learn about your rights and your options, and they can write or speak to the healthcare organization for you. They can also advocate for you and help you get the support you need after you have been harmed, especially if you have tried to talk with the healthcare organization but have not gotten the answers or help that you need.
For information about how to find a lawyer, visit findlegalhelp.org.
7. Contact the Regulatory or Accrediting Organization
You or your representative can call or write the government or the organizations that certify and license the healthcare organization. This is called filing a complaint, and how you do this depends on which organization you are contacting. Look for more information on the internet or in the materials the healthcare organization gave you.
Options Include:
The state’s department of health
The state’s licensing board (for healthcare facilities and healthcare professionals)
The agency that accredits the healthcare organization (like The Joint Commission)
Your healthcare insurer (for many older Americans this is Medicare or CMS)
8. Get Access to Your Medical Records (Your Chart)
If the healthcare organization uses an electronic health record (EHR), they must give you free access to your record without delay. If you do not know how to get to your electronic record, ask a member of your healthcare team or someone from Patient Relations. You also have the right to ask for a copy of your medical records. The way to get your medical records should be outlined on the healthcare organization’s website or in the materials they gave you, or you can call the organization and ask for the medical records department.
Helpful Links
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