How to Advocate for Yourself After a Medical Mistake

A medical mistake — whether it’s a misdiagnosis, surgical error, or medication issue — can turn your world upside down. In the moments, weeks, or even months that follow, you may feel overwhelmed, betrayed, or unsure of how to move forward. It’s easy to second-guess your symptoms or remain silent, especially in a healthcare system that often rushes through appointments and discourages questioning. But now is the time to stand up for yourself, and we’re here to support.

Self-advocacy after a medical error is not only your right — it’s a crucial part of protecting your health, securing your future, and ensuring that mistakes aren’t repeated with others. This guide will walk you through actionable steps to advocate for yourself after a medical mistake in Illinois — from requesting your records to understanding your legal rights.

1. Recognize the Signs of a Medical Error

Before taking action, it’s important to recognize the signs that a medical mistake may have occurred. Red flags can indicate that a preventable error caused your harm, such as:

• A delayed or unexpected diagnosis

• Test results that were never communicated or followed up on

• Complications after treatment that weren’t explained

• Medication side effects you weren’t warned about

• Worsening symptoms after receiving care

• Another provider expressing concern about your previous treatment

If your gut tells you something isn’t right — trust it. Keep a notebook or digital log to track symptoms, conversations, and appointments. Document everything.

2. Get a Copy of Your Medical Records

Under both Illinois and federal law, you have the legal right to request your medical records. These documents can reveal discrepancies, clarify your course of care, and provide important context to new providers or legal representatives.

To request your records:

• Contact the hospital’s Medical Records Department (also called Health Information Management or HIM).

• Submit a written request — either by form, email, fax, or certified mail.

• Be specific about what you need (e.g., full chart, imaging reports, lab results, discharge summaries).

• Expect to provide proof of identity, such as a photo ID, and possibly pay a small administrative fee.

• Under HIPAA, providers must respond within 30 days (or 60 days with written explanation for a delay).

How to Store Your Records Safely:

• Save a digital copy in a secure, password-protected folder or cloud storage account (encrypted if possible).

• Keep a printed copy organized in a dedicated binder or file folder, sorted by provider and date.

• Make backup copies (e.g., one on a flash drive kept separately from your main computer) in case of technical issues or loss.

Having clear, accessible copies of your records is crucial for second opinions, legal consultations, and managing your ongoing care.

3. Seek a Second (or Third) Medical Opinion

If something doesn’t sit right with you — or if you’re simply not improving — it’s time to seek a second opinion. Choose a provider who isn’t affiliated with your original care team or hospital system. 

A new perspective can:

• Confirm (or correct) your diagnosis

• Suggest a better or safer treatment plan

• Document concerns about previous care in your file

This isn’t just about improving your care going forward — it may also be important if you later consider filing a malpractice claim.

4. Communicate Clearly With Your Providers

Self-advocacy means speaking up — even when it feels difficult, emotional, or overwhelming. After a medical mistake or during ongoing care, you may find it hard to organize your thoughts or voice your concerns, especially if you’re in pain or anxious. That's normal — and there are ways to make it easier.

Here’s how to advocate for yourself more effectively:

Prepare Before Appointments:

• Write down your questions and concerns in advance. Even a short list can help you stay organized and focused.

• Put the most important questions first — appointments are often brief.

• Bring a printed list or notes to help guide the conversation if you get flustered.

• If you don’t get all your questions answered, ask if you can email them to the doctor to respond to when they have time.

Ask Questions During Appointments:

• Stay calm and respectful, even if you feel frustrated. Expressing yourself clearly increases the chance you’ll be heard and taken seriously.

• Use "I" statements to frame concerns non-confrontationally.

  • Example: “I’m confused about why this test is necessary. Could you explain?”

• Ask clarifying questions if anything is unclear.

  • Example: “What are the risks and benefits of this treatment?”

• Express your needs directly if you feel rushed or pressured.

  • Example: “I’d like to take time to review this before making a decision.”

Bring a Support Person:

• Bring a trusted family member, friend, or advocate if possible.

• A support person can take notes, remind you of questions, and help ask for explanations.

• It’s okay to introduce them at the beginning:

  •  “This is my [family member/friend]; they’re here to help me understand everything today.”

Request Accommodations if Needed:

• If you need a medical interpreter for another language, hospitals and clinics are legally required to provide one — at no cost to you under federal and Illinois law.

• If you have a disability that affects communication or understanding (such as hearing loss, cognitive impairment, or anxiety), you have the right to:

  • Request information in accessible formats (like large print, plain language, or assistive technology support)

  • Ask for extra time during consultations

  • Request that explanations be repeated or given both verbally and in writing

• Never hesitate to say: "I need an interpreter" or "I need this information in a different format to fully understand."

Document and Record:

• Take notes during or immediately after your appointments.

• Ask if you can record the conversation to review later.

  • (Note: In Illinois, you must get the provider’s permission to legally record.)

Give Yourself Permission to Pause:

• If you’re feeling overwhelmed, it’s okay to step back.

• Example: “I’d like to take a day to think about this before deciding.”

You deserve the time, clarity, and support you need to make informed decisions about your health.

Advocacy is a Skill, Not a Test:

• Feeling emotional, confused, or nervous doesn’t make you less deserving of good care.

• Advocacy can be as simple as asking a single extra question or saying, "I don't understand yet. Can we go over it again?"

You are your strongest advocate — and when needed, others can help amplify your voice.

5. Understand Your Rights as a Patient in Illinois

In Illinois, you have the legal right to:

• View your own medical records

• Receive information about your diagnosis and treatment options

• Decline or refuse treatment

• Request a different provider or transfer your care

• File a complaint if you believe you’ve been mistreated or harmed

Knowing your rights can help you stand firm during difficult conversations and decision-making. If something feels off, you are not obligated to stay silent — or compliant.

6. Report the Incident Internally

Most hospitals and clinics in Illinois have a patient advocacy department or risk management team. If you’ve experienced poor care or believe a provider made a mistake, you can:

• File a written complaint

• Request a formal internal investigation

• Ask to meet with hospital administrators or the chief medical officer

While internal reporting may not result in immediate changes or personal compensation, it helps create a paper trail and can sometimes prompt policy or personnel changes.

7. File a Complaint With the State

The Illinois Department of Financial and Professional Regulation (IDFPR) oversees healthcare licenses. You can file a complaint with the IDFPR if you believe a provider acted:

• Negligently

• Unethically

• Outside of professional standards

Filing a complaint may lead to a formal investigation or disciplinary action against the provider, especially in cases of gross misconduct or repeated errors. However, this is separate from seeking financial damages.

8. Consider Speaking With a Medical Malpractice Attorney

If the medical mistake caused serious injury, disability, financial harm, or emotional distress, a medical malpractice attorney can help you:

• Determine if legal negligence occurred

• Request expert medical reviews

• File a lawsuit within the statute of limitations

• Seek compensation for medical expenses, lost income, or pain and suffering

At Hurley McKenna & Mertz, P.C., we’ve helped thousands of individuals and families recover from devastating medical errors. Our attorneys handle complex claims related to:

• Wrongful death

• Birth injuries

• Diagnostic errors

• Emergency room negligence

• Medication or anesthesia errors

• Surgical mistakes

We offer free consultations and only collect payment if we win your case.

Legal Tip: In Illinois, the statute of limitations for most medical malpractice claims is 2 years from the date of discovery — but no later than 4 years from the date of the actual incident. Don’t delay in seeking legal advice.

9. Take Care of Your Mental and Emotional Health

The impact of a medical mistake isn’t just physical. You may also face:

• Anxiety about future treatment

• Depression or loss of trust in healthcare professionals

• Feelings of isolation or self-doubt

• Difficulty returning to daily routines

Caring for your mental health is part of advocating for yourself. Consider:

• Speaking with a licensed therapist

• Joining a support group for survivors of medical errors

• Asking for help from family and friends

• Exploring trauma-informed care providers

You deserve to heal both physically and emotionally.

10. Stay Organized and Persistent

Self-advocacy is often a long journey — and it requires staying organized. Create a system that works for you to keep track of:

• Medical records and test results

• Notes from appointments

• Emails or letters from providers

• Legal documents or correspondence

• A timeline of symptoms and treatment history

Persistence matters. Whether you’re trying to get answers, secure safer care, or pursue justice through legal channels, the more organized you are, the more empowered you’ll feel.

Bonus: How to Advocate for Yourself in a Doctor’s Office

Doctor appointments in the U.S. average just 13–16 minutes. To make the most of that short time:

• Write down questions beforehand

• Explain your symptoms clearly and factually

• Avoid exaggeration—describe impact, not just emotion

• Speak up if a recommendation doesn’t make sense

• If cost is a barrier, say so and ask for alternatives

• Ask providers to explain their rationale

Remember: Your job is to provide the clearest picture of what you're experiencing. Their job is to listen and problem-solve with you. That’s a partnership — not a hierarchy.

When Should You Take Legal Action?

Consider consulting an attorney if the mistake led to:

• Permanent injury or disability

• Additional surgeries or hospitalizations

• Financial loss due to missed work

• Loss of a child or loved one

• Emotional trauma or PTSD

Even if you’re unsure whether malpractice occurred, a lawyer can help investigate and advise you on next steps. In Illinois, you generally have two years from when you discover the injury to file a claim — so time is of the essence.

You’re Not Alone. Let Us Help You Take the Next Step.

At Hurley McKenna & Mertz, P.C., we know how disorienting it is to be harmed by the very system meant to help you. That’s why we fight relentlessly for patients across Illinois who’ve suffered due to negligent care. If you’re ready to move forward, we’re here to stand with you.

Contact us today for a free consultation.

We serve clients throughout Cook County, the Chicago metro area, the state of Illinois and across the USA.