Common Mistakes After Experiencing Medical Malpractice

Medical malpractice can be absolutely devastating. When a healthcare provider makes a mistake that causes harm, patients are often left dealing with the aftermath. This might include serious injuries, emotional trauma, and unexpected financial burdens.

Unfortunately, what occurs after the malpractice will significantly affect if an injured patient can recover compensation. Many very valid claims can actually be weakened, or totally lost, because of errors made in the days, weeks, and months following medical negligence.

Understanding these common pitfalls is critical for anyone who suspects that they have a valid medical malpractice claim. Working with a law firm like the Law Office of Carl Maltese can help throughout the process.

Mistake #1 - Waiting Too Long to File a Medical Malpractice Claim

One of the biggest mistakes people make when medical malpractice occurs is waiting too long to look into their legal options. In New York, there is a limited amount of time to file a lawsuit. If that deadline passes, a person could lose their right to file a medical malpractice lawsuit.

In addition to this, even if a person files within the deadline, a delay can make it much harder to prove medical malpractice as evidence may disappear. Medical records may be changed or lost, memories aren't as sharp, and witnesses may be difficult to find.

Those who aren't sure if they have a medical malpractice case should speak to the best injury lawyer on Long Island.

Mistake #2 - Assuming a Bad Outcome is a Malpractice Lawsuit

Not all negative medical outcomes are the result of malpractice. Sometimes, things happen due to risk, even if the healthcare professional did everything right. One common error is believing that any complication means that there was an error with the medical treatment.

To prove medical malpractice, there must be evidence that the healthcare provider make an error, and that the error caused harm to the patient. Those who move forward with a lawsuit that can't be proven often become frustrated and discouraged.

A medical malpractice lawyer can examine a case to determine if it's worth pursuing.

Mistake #3 - Failing to Obtain Medical Records After Medical Care

A person cannot file a medical malpractice case against a medical provider or a medical facility without proving the error with medical records. If a patient waits too long to get the records, it could be a costly error.

Medical records will show diagnoses, treatment decisions, test results, and provider notes that may show medical errors or omissions. Patients are legally able to get their medical records, and it's a good idea to ask for them if a person suspects medical malpractice.

Mistake #4 - Continuing Treatment Without Questioning Care

After a patient is harmed, some will continue with treatment from the same medical provider. They may do this out of habit, fear, or trust. Though sometimes continuity of care is appropriate, blindly doing this without getting a second opinion can actually make the injuries worse and complicate a claim.

Oftentimes, getting another opinion may uncover things like surgical errors, anesthesia errors, or errors with surgical instruments that were overlooked previously. From a legal standpoint, patients can get a second opinion at any time.

Mistake #5 - Discussing the Situation Publicly or on Social Media

In today’s digital age, it is common for people to share personal experiences online. However, discussing a potential malpractice case on social media can be extremely damaging.

Posts, comments, photos, and private messages can be obtained and used by defense attorneys to challenge credibility or minimize injuries. Even well-intentioned statements can be taken out of context. Patients should avoid discussing their case publicly and be cautious about what they share online until the matter is resolved. This is also a common mistake after a drunk driving accident and a common mistake after a rideshare accident.

Mistake #6 - Accepting Explanations Without Question

Healthcare providers may offer explanations that downplay mistakes or frame complications as unavoidable. Patients often accept these explanations without question, especially when they trust their doctor.

While some complications are unavoidable, others are preventable errors. Patients should not feel pressured to accept an explanation that does not make sense. Seeking an independent medical review or legal consultation can help clarify whether negligence played a role.

Mistake #7 - Not Documenting Symptoms and Experiences

Another common mistake is failing to keep a personal record of symptoms, pain levels, and how the injury affects daily life. Medical records may not fully capture the patient’s experience, especially when it comes to pain, emotional distress, or long-term limitations.

Keeping a journal can help establish the true impact of malpractice-related injuries. This documentation can support claims for damages such as pain and suffering, loss of enjoyment of life, and emotional distress.

Mistake #8 - Trusting Insurance Companies to Act in the Patient’s Best Interest

Hospital insurers and malpractice insurance companies often contact patients early, sometimes offering settlements or requesting recorded statements. Many patients mistakenly believe these companies are acting fairly or trying to help resolve the situation quickly.

In reality, insurers are focused on minimizing payouts. Statements given without legal guidance can be used to undermine a claim later. Accepting an early settlement may result in compensation that fails to cover long-term medical needs, lost income, or future care.

Mistake #9 - Attempting to Handle the Claim Without Legal Representation

Medical malpractice cases are among the most complex areas of personal injury law. They often require expert testimony, detailed medical analysis, and strict procedural compliance. Attempting to handle a claim without legal representation is a serious mistake.

An experienced medical malpractice attorney understands how to investigate claims, work with medical experts, calculate damages, and navigate the legal system. Without this support, patients are often at a significant disadvantage against hospitals and insurers with vast legal resources.

Mistake #10 - Underestimating Long-Term Consequences

Some patients focus only on immediate injuries and fail to consider long-term effects. Medical malpractice can result in chronic pain, permanent disability, future surgeries, or lifelong care needs. Settling a claim too quickly or failing to account for future damages can leave patients financially vulnerable. Things like medical bills, for instance, may come months later.

A thorough evaluation of long-term consequences is essential before making any legal decisions. Compensation should reflect not only past harm but also future medical expenses, lost earning capacity, and reduced quality of life.

Work with an Expert in Medical Malpractice Cases - The Law Office of Carl Maltese

When healthcare providers fail to do their job, and in the process, caused a patient harm, there must be consequences. Medical malpractice cases are emotionally charged and legally challenging. Making the wrong decision early can permanently affect the outcome of a claim. Legal guidance helps ensure that deadlines are met, evidence is preserved, and patients do not unknowingly harm their own case.

For individuals who believe they may have experienced medical malpractice, understanding these common mistakes is the first step toward protecting their rights. Careful decision-making and timely legal advice can make the difference between a dismissed claim and meaningful accountability.

If a medical professional has been negligent in your care, you deserve fair compensation. The Law Office of Carl Maltese offers free consultations for those who are concerned about a healthcare provider's negligence.