What to do if you think a doctor made a mistake

If you think a doctor or hospital made a mistake, take care of your health first, then write down what happened, request copies of your medical records, and keep every document you were given. You can report concerns to your state’s licensing agencies, and you should ask an attorney licensed in your state about deadlines early, because they are set by state law and can be short.

The steps below apply wherever you live. Where the rules come from state law, we use Florida and Arizona as examples. Rules differ from state to state.

Take care of your health first

If you have new or worsening symptoms, get medical care now. You can see a different doctor or go to a different facility if you’d prefer. In an emergency, call 911 or go to the nearest emergency room.

Tell the new provider what happened and what you were told before. Their notes become part of your records, and getting the right care matters more than anything else on this list.

Write down what happened while it’s fresh

Memories fade quickly, and details that seem minor now can matter later. Keep one running document or notebook with:

1. Dates and places: each appointment, test, procedure, admission, and discharge.
2. Names: the doctors, nurses, and other staff involved, as far as you know them.
3. What you were told: diagnoses, instructions, and explanations, in your own words.
4. What you noticed: symptoms, when they started or changed, and who you reported them to.
5. How it has affected you: more treatment, time off work, pain, and changes in daily life.

Approximate dates are fine. Write “around” or “early March” when you’re not sure. Put things in date order. The Arizona Medical Board, for example, asks people filing a complaint for a detailed narrative “in chronological order” and a list of the other providers who treated the same condition, with dates (Arizona Medical Board).

Keep this document to yourself. Share it only with your own doctors or an attorney you choose to talk with.

Request copies of your medical records

You have a right to copies of your records. Under the federal HIPAA Privacy Rule, which applies nationwide, you can inspect and get a copy of your medical and billing records from covered providers and health plans. A provider generally must act on your request within 30 days, with one possible 30-day extension if it tells you in writing why it needs more time (45 C.F.R. § 164.524(b)(2)). HHS notes that a provider cannot deny you a copy because you haven’t paid your medical bill (HHS, Your Medical Records).

States add their own rules. Two examples:

• Florida: licensed practitioners must provide copies of your records, including X-rays, in a timely manner and without delays for legal review (Fla. Stat. § 456.057(6)). Hospitals and other licensed facilities must do the same on written request after discharge, and the next of kin of a patient who has died can request them when there is no guardian or personal representative (Fla. Stat. § 395.3025(1)).
• Arizona: a provider must respond within set times that depend on the purpose of the request. Requests for litigation, personal copies, and records of a deceased patient get 30 calendar days (A.R.S. § 12-2293(E)).

Practical steps:

• Ask each provider’s medical records office in writing, and keep a copy of your request with the date you sent it.
• Ask for the complete record for the dates involved, including test results, imaging, nursing notes, and medication records, not just a visit summary.
• Ask every provider separately. A hospital, the doctors who treated you there, and an outside lab may each keep their own records.
• Keep the copies you receive together, and work from duplicates.

Keep everything you were given

• Discharge papers, after-visit summaries, and instructions.
• Bills, insurance statements, and receipts.
• Prescriptions and the medication itself, in its original packaging, if a medication was involved.
• Photos of any visible injury, taken over time, with dates.
• Emails, portal messages, and letters from the provider.
• Records of missed work.

Don’t write on or mark up these documents. If you want to add comments, put them in your own notes.

If you later spot something in your records that you believe is wrong, HIPAA lets you ask the provider to amend it. The provider must respond within 60 days, with one possible 30-day extension, and if it refuses, you can add a written statement of disagreement to your record (45 C.F.R. § 164.526).

Be careful with paperwork and posts

If a provider or an insurer asks you to sign a release, waiver, or settlement paperwork, consider speaking with an attorney before you sign. Read anything you’re asked to sign, and keep a copy.

Be careful about posting details online. What you share publicly can be read by anyone, including the people involved. Stick to private notes for now.

You can report concerns separately

Separately from any legal claim, you can report concerns to the state agencies that license health care practitioners and facilities. Each state has its own agencies. Examples:

• Florida: the Florida Health Care Complaint Portal routes a complaint to the right state agency. Complaints about a facility’s quality of care go to the Agency for Health Care Administration’s Complaint Administration Unit.
• Arizona: complaints about a medical doctor (MD) go to the Arizona Medical Board, which regulates MDs and points to other licensing agencies for other providers. The Arizona Department of Health Services’ Bureau of Medical Facilities Licensing licenses medical health care institutions and has an online complaint form.

These agencies handle licensing and quality-of-care matters. The Arizona Medical Board says its authority is limited to violations of the state’s Medical Practice Act, and Florida’s Department of Health says its actions are administrative and that it “cannot represent you in civil matters to recover fees paid or seek remedies for injuries” (Florida Department of Health). A complaint isn’t a substitute for acting on legal deadlines.

If a provider doesn’t follow the federal rules on access to your records, you can file a complaint with the HHS Office for Civil Rights, generally within 180 days of when you knew or should have known about the problem (45 C.F.R. § 160.306(b)(3)).

Talk to an attorney about timing

Deadlines for medical malpractice claims are set by each state, and they can be short. Two examples show how they differ:

• Florida: an action generally must be started within 2 years from the incident, or from when it was discovered or should have been discovered, and no later than 4 years from the incident, with exceptions (Fla. Stat. § 95.11(5)(c)). Before a lawsuit can be filed, the claimant must investigate, obtain a verified written opinion from a medical expert (Fla. Stat. § 766.203(2)), and give each prospective defendant notice of intent to sue (Fla. Stat. § 766.106(2)). See Florida medical malpractice deadlines for more.
• Arizona: a medical malpractice action must generally be brought within two years after the cause of action accrues (A.R.S. § 12-542). When expert testimony is needed to prove the standard of care, the claimant must serve a preliminary expert opinion affidavit with the initial disclosures in the case (A.R.S. § 12-2603).

Because these steps take time, don’t wait until you have every document. An attorney licensed in your state can tell you which deadline applies and when it started. If an attorney declines, read why attorneys turn down medical malpractice cases.

What you don’t need to figure out first

• Whether it was malpractice. That’s a legal question an attorney answers, usually with a medical expert.
• Every date and name. Approximate is fine to start.
• What the legal terms mean. Describe what happened in your own words.

Keep your records and notes yourself; we never ask you to send them to us. To learn how our service will connect people with independent participating attorneys, see how it works.

Sources and corrections

We wrote this guide from the primary sources below and checked it against them on September 25, 2026.

• 45 C.F.R. § 164.524: HIPAA right of access
• 45 C.F.R. § 164.526: HIPAA right to request an amendment
• 45 C.F.R. § 160.306: complaints to HHS
• HHS, Your Medical Records: access and unpaid bills
• Fla. Stat. § 456.057: Florida practitioner records
• Fla. Stat. § 395.3025: Florida hospital and facility records
• Fla. Stat. § 95.11: Florida time limits
• Fla. Stat. § 766.203: Florida presuit investigation
• Fla. Stat. § 766.106: Florida notice before filing
• Florida Health Care Complaint Portal: Florida complaints
• Florida AHCA Complaint Administration Unit: Florida facility complaints
• Florida Department of Health, Complaints & Enforcement: what board action covers
• A.R.S. § 12-2293: Arizona records response times
• A.R.S. § 12-542: Arizona time limit
• A.R.S. § 12-2603: Arizona preliminary expert opinion affidavit
• Arizona Medical Board, File a Complaint or Self-Report: Arizona MD complaints
• Arizona Department of Health Services, Medical Facilities Licensing: Arizona facility licensing and complaints

We are not attorneys, and this guide is not legal advice. Laws change and differ from state to state. If anything here is out of date or wrong, email support@malpracticeattorneys.com with the page name, and we’ll review it and update the page.