What Should You Do in the First 48 Hours After Discovering Medical Malpractice?

The moment you realize something went seriously wrong with your medical care is overwhelming. Whether it's discovering a surgical error, learning about a misdiagnosis, or recognizing that your condition worsened due to negligent treatment, the first 48 hours after this discovery are critical. Your actions during this short window can significantly impact your health, your legal rights, and your ability to hold negligent healthcare providers accountable. Many medical malpractice victims make costly mistakes in these crucial first hours simply because they don't know what steps to take.

If you suspect medical negligence, consulting with a lansing medical malpractice lawyer should be among your first priorities, but there are several other immediate actions you should take to protect both your health and your legal interests.

Prioritize Your Immediate Health and Safety

Seek Emergency Medical Attention If Needed

If the suspected malpractice has left you in immediate danger—experiencing severe pain, worsening symptoms, or life-threatening complications—your first priority is getting proper emergency medical care. Don't delay seeking treatment because you're angry at your doctor or worried about costs. Your health comes first, always. Go to an emergency room or urgent care facility and explain your symptoms honestly and completely.

Get a Second Medical Opinion

Once any immediate crisis is stabilized, schedule an appointment with a different healthcare provider for a second opinion. Be thorough in explaining your medical history, the treatment you received, and the complications you've experienced. A second opinion serves two purposes: it helps you understand what actually happened and what corrective treatment you need, and it creates an independent medical assessment that may support your malpractice claim later.

Follow All New Medical Recommendations

Whatever corrective treatment the new physician recommends, follow it precisely. Failing to mitigate your damages by refusing proper treatment can harm your health and weaken any future legal claim. Insurance companies and defense attorneys will argue that your failure to seek timely corrective care contributed to your injuries.

Document Everything Immediately

Write Down What Happened

While events are fresh in your memory, write a detailed account of everything that occurred. Include dates, times, names of healthcare providers, specific symptoms you reported, treatments you received, and any conversations you remember. Note what doctors told you, what you told them, and any instructions or warnings you received—or didn't receive. Memory fades quickly, and these contemporaneous notes become invaluable evidence.

Photograph Visible Injuries or Conditions

If your injuries or complications are visible—surgical mistakes, infections, wounds, rashes, or physical deformities—photograph them immediately and continue documenting their progression. Use date stamps if possible, or keep the photo metadata intact. These visual records powerfully demonstrate the extent of harm in ways that written descriptions cannot.

Preserve Physical Evidence

Keep anything physical related to your treatment: prescription bottles, medical devices, instructions, educational materials your doctor provided, and even clothing or bandages if relevant. Don't throw away items that might become evidence, no matter how unpleasant keeping them might be.

Obtain and Secure Your Medical Records

Request Complete Copies Immediately

You have a legal right to your medical records. Submit a written request to every healthcare provider and facility involved in your care, asking for complete copies of your medical records. Don't just request records related to the problematic treatment—get everything, as earlier records may show a pattern of negligence or contradict what providers claim happened.

Understand the Process and Timeline

Healthcare facilities typically have 30 days to provide records in Michigan, though they may charge reasonable copying fees. Submit your request in writing and keep a copy. If they delay or refuse, document this as well—obstructing access to records can support your case.

Don't Rely on Patient Portals Alone

While online patient portals provide convenient access to some records, they often don't include everything. Nursing notes, internal communications, imaging studies, and pathology reports may not appear in portals. Always request the complete medical record directly from the medical records department.

Know What NOT to Do

Don't Confront the Doctor Aggressively

While you're understandably angry, confronting your healthcare provider in an aggressive or threatening manner can backfire. It may prompt them to become defensive and less cooperative, or worse, they might alter records or prepare defenses. If you need to speak with them, remain calm and focus on understanding what happened rather than making accusations.

Don't Post on Social Media

Resist the urge to vent about your experience on Facebook, Twitter, or other social media platforms. Defense attorneys routinely monitor injured parties' social media and will use anything you post against you. A photo of you smiling at a family gathering might be used to argue your injuries aren't serious, even if you were in pain at that moment.

Don't Sign Anything from the Healthcare Provider

Doctors or hospitals may ask you to sign release forms, settlement agreements, or other documents. Don't sign anything without having an attorney review it first. These documents often contain language that waives your legal rights or limits the provider's liability.

Don't Wait Too Long to Act

Michigan has strict statutes of limitations for medical malpractice claims—generally two years from when the malpractice occurred or six months from when you discovered it (whichever is later), with some exceptions. The clock starts ticking immediately, and gathering evidence, consulting experts, and building a case takes significant time.

Take Legal Action Promptly

The steps you take in the first 48 hours after discovering medical malpractice can make or break your case. Beyond addressing your immediate health needs and preserving evidence, consulting with experienced legal counsel helps you understand your rights and options while the trial is still fresh.

Attorneys at the Cochranlaw Firm can evaluate your situation, guide you through evidence preservation, help you obtain necessary medical records, and connect you with medical experts who can assess whether malpractice occurred. Early legal involvement ensures you don't miss critical deadlines, inadvertently damage your case, or accept inadequate settlements. Most medical malpractice attorneys offer free consultations and work on contingency fees, meaning you pay nothing unless they recover compensation for you.