Medical Error at the Hospital: What to Do and Your Rights

Medical errors in hospitals are more common than most people realize. Knowing how to respond if you experience or suspect a medical error can protect your health and your rights.

Types of Medical Errors

• Medication errors: Wrong medication, wrong dose, wrong patient, or harmful drug interactions
• Surgical errors: Wrong-site surgery, retained surgical instruments, or surgical complications from preventable mistakes
• Diagnostic errors: Missed, delayed, or incorrect diagnoses
• Communication failures: Information not communicated between providers, departments, or shifts
• Falls: Patient falls that could have been prevented
• Hospital-acquired infections: Infections resulting from lapses in infection control
• Equipment failures: Malfunctioning medical devices or incorrect equipment use

What to Do If You Suspect a Medical Error

Immediate Steps

• Speak up immediately: Tell your nurse or doctor if something doesn't seem right
• Verify medications: Ask the name and purpose of any medication before taking it
• Request evaluation: If you develop new symptoms, ask to be evaluated promptly
• Ask for a supervisor: If your concerns are dismissed, ask to speak with a charge nurse or attending physician

Documentation Steps

• Write down what happened, including dates, times, and names of staff involved
• Note any witnesses
• Request copies of your medical records
• Keep all bills, test results, and correspondence
• Take photos if relevant (of wounds, medications, etc.)

Reporting the Error

• Hospital patient safety officer: Every hospital has a designated patient safety contact
• Hospital administration: File a formal complaint in writing
• State health department: Report serious safety concerns to your state's hospital licensing agency
• Joint Commission: Report safety events at accredited hospitals
• CMS: Call 1-800-MEDICARE to report quality concerns for Medicare patients

Your Rights After a Medical Error

• You have the right to be informed if an error occurred
• Many states require hospitals to disclose serious medical errors to patients
• You have the right to access your complete medical records
• You have the right to file a complaint without retaliation
• You have the right to seek a second opinion

Preventing Medical Errors

• Be an active participant in your care — ask questions and verify treatments
• Bring a list of all your medications, allergies, and medical conditions
• Have a family member or friend present as an advocate when possible
• Speak up if something doesn't seem right — you know your body
• Verify your identity band matches your records

Data sourced from CMS. Visit Medicare Care Compare to check hospital safety data, or call 1-800-MEDICARE.

Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Consult an attorney for legal questions about medical errors.