Should I Speak to Hospital Risk Management for a Medical Malpractice Claim?

Wondering if you should speak to hospital risk management for a medical malpractice claim?  Patients and their families who suspect they were harmed by a medical error or mistake often contact a risk manager at the medical facility to complain about their treatment.  Other times, the risk management office will directly reach out to them to discuss a poor outcome.

There are certainly benefits to discussing your case directly with the risk management department, but you should always proceed with caution.  It is smart to first consult an experienced medical malpractice lawyer to ensure you do not make a mistake that will jeopardize your right to sue for damages later.  The Buckfire Law Firm is an award-winning Michigan medical malpractice law firm that regularly deals with risk managers and their attorneys.

• What is Hospital Risk Management?
• Role of Hospital Risk Management
• Should I Speak to Hospital Risk Management without a Lawyer?
• How Do I Know if I Have a Medical Malpractice Claim?
• Do I Need to Hire a Medical Malpractice Lawyer?

Introduction to Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in harm to a patient. This breach of duty can lead to significant injuries and complications, making it essential for patients to understand their rights and the legal process involved in pursuing a claim. Medical malpractice claims can be complex and require expertise to navigate.

Healthcare providers, including doctors and hospitals, have a duty to provide quality care to their patients. When this duty is breached, patients may be entitled to compensation for their injuries. These claims can involve a range of issues, such as delayed diagnosis, surgical errors, and medication mistakes.  Common types of medical negligence claims include:

• Medical misdiagnosis
• Delay in diagnosis
• Surgery errors
• Misread X-rays, CT scans, and MRIs
• Medication mistakes
• Anesthesia errors
• Birth injuries

Healthcare providers must take steps to ensure that their patients receive safe and effective care. Medical malpractice claims can have serious consequences for healthcare providers, including financial losses and damage to their reputation. Effective risk management is essential for healthcare providers to minimize the risk of medical malpractice claims and ensure high standards of patient care.

What is Hospital Risk Management?

The practice of hospital risk management involves various strategies designed to secure the safety and smooth functioning of medical facilities while also meeting fiscal and regulatory obligations. It combines different operational aspects to recognize and reduce hazards that could impact the welfare of patients as well as the efficiency of the institution. The essence lies in establishing procedures to avoid clinical mistakes, thereby preserving patient well-being through clear-cut protocols. Effective risk management is crucial in maintaining the safety and compliance of a healthcare facility.

A hospital risk manager plays a dynamic role within an organization. Collaborating with senior leadership, their task is to pinpoint potential threats, safeguarding against legal issues or financial losses that could tarnish the institution’s image. A major goal is to promote transparency around medical mishaps for continuous learning among employees, as well as to settle cases with patients who were victims of medical malpractice.

Role of Hospital Risk Management

Hospital risk management plays a critical role in identifying and mitigating potential risks in healthcare settings. Hospital risk managers work to ensure that patients receive safe and effective care, and that healthcare providers are aware of their responsibilities and obligations.

The role of hospital risk management includes monitoring patient safety, investigating adverse events, and developing policies and procedures to minimize risk. Hospital risk managers must stay up to date with changes in healthcare regulations and laws, including the Affordable Care Act and the Health Insurance Portability and Accountability Act (HIPAA).

Effective hospital risk management requires a proactive approach, including regular audits and assessments of patient care and medical records. Hospital risk managers must also ensure that healthcare providers receive adequate training and education in patient safety and risk management. The goal of hospital risk management is to minimize the risk of medical malpractice claims and ensure that patients receive high-quality care.

Should I Contact Hospital Risk Management?

If you suspect patient safety issues or believe you were harmed by a medical error, you can contact the hospital risk management office. Proactively communicating with them in the event of potential medical mistakes or adverse occurrences is essential for preventing harm to both patients and staff. However, be aware that hospital risk management may not always prioritize the patient’s best interests, as the goal is often to protect the hospital and not the patient.

Should I Speak to Hospital Risk Management Without a Lawyer?

Many people initially speak to a hospital risk manager before contacting a lawyer.  Quite often, the hospital will contact the patient or family member if there is a complaint or if the medical provider recognizes a medical mistake harming a patient.  Other times, a meeting is set up so the hospital team can provide its version of the medical care to the patient.

You can choose to speak to a risk manager without a lawyer present.  The meeting may satisfactorily answer questions and explain concerns you have about medical care at the facility.  This meeting may comfort you and help you decide not to pursue a medical negligence claim.

Even if you choose not to have a lawyer present, keep a detailed log of all interactions, noting what was talked about, who took part in the discussions, and what conclusions were reached. It is advisable to speak to a Buckfire Law attorney before any meeting with risk management.  An experienced medical malpractice lawyer will explain matters that you should discuss and should not discuss at the meeting.

If you have already met or spoken with a risk manager and remain unsatisfied with the outcome of the meeting, you should call our office to discuss your concerns.  We will evaluate your case to see if you have a basis for filing a Michigan medical malpractice lawsuit.  Many times, we are brought in to negotiate a settlement with the hospital before filing a lawsuit.

How Do I Know if I Have a Medical Malpractice Claim?

If you have been injured or harmed because of medical treatment, you may have a medical malpractice claim. To determine whether you have a claim, you should consult with a medical malpractice lawyer who can review your case and advise you on your options.

A poor result or outcome does not necessarily qualify you for a medical malpractice claim.  There must be evidence that the medical provider was negligent in the treatment of the patient and this negligence caused injury or harm to the patient.  It is essential to hire an experienced medical malpractice law firm to determine if you have a viable case.

Navigating through the complexities of medical malpractice claims requires careful attention to detail, especially when considering initiating a medical malpractice lawsuit. To establish a successful claim, it is critical to prove that your injury resulted from substandard medical care.

Do I Need to Hire a Medical Malpractice Lawyer?

If you meet with the risk management department, they may tell you that the case was reviewed by their medical staff, and it was determined that they provided appropriate care.  This, of course, is often their self-serving opinion and certainly does not mean you do not have a case.

Hiring a seasoned medical malpractice lawyer is crucial.  We have settled many significant medical malpractice cases for clients who initially met with a risk manager without a lawyer and were told they did not have a case.  They may apologize for a bad outcome but qualify it by saying “we did nothing wrong.”

At the Buckfire Law Firm, our medical malpractice attorneys meticulously examine both medical records and procedures to determine if there was any deviation from accepted standards of care by a provider that might result in pursuing legal action.  We have an in-house nurse paralegal review your medical records and consult with nationally recognized medical experts to determine if you have a case.

Should I Settle My Medical Malpractice Claim without a Lawyer?

Attempting to settle your case directly with the hospital can result in numerous drawbacks. It is possible that you might accept a settlement offer significantly below the value of your claim, and this remains true despite potential attorney’s fees. Also, your health insurer or Medicare may assert a lien on your case that must be reimbursed and if you do not pay it back you can jeopardize your right to future health insurance payments.

Further, it is crucial not to execute a Release Agreement before having it examined by an attorney. In situations pertaining to either the death of a patient or matters involving underage children, obtaining approval from the court for settlement is mandatory.

Contact The Buckfire Law Firm Now

If you are contacted by the hospital risk management department, you should call us before you meet with a risk manager.  We will advise you, at no cost, how to conduct yourself at the meeting and how to avoid any pitfalls that may affect your ability to win a settlement.

You can choose to proceed without a lawyer, but this is not recommended.  We will represent you under our No Fee Promise, which means we will handle your case and there are no fees or costs unless you win a settlement. If your case is unsuccessful, you ow