3. Your situation and experience is causing you to look for legal solutions and financial compensation for the problem.
The third and most extreme case is where there's been real damage done and you need compensation. These cases often occur when babies are damaged in the birth process and they need a lot of care. Their parents may choose to take the legal route because they need financial support going forward.
"The court system has a significant cost attached to it," says Decter. "If you're really registering a complaint because you see room for improvement, but you're not planning to sue, I think you get a different level of attention -- a less defensive reaction -- if you make it clear it's not your intention to sue."
That said, notes Decter, there's been significant evidence that hospitals that inform patients that a mistake has been made are much less likely to be sued. People, it seems, are willing to forgive an honest mistake. If the error is hidden and a patient finds out later, they're much more likely to sue.
Do you need an advocate?
Decter points out that if you're not well you may not be in the best shape to put your own case forward. Don't go into the hospital system on your own; make sure you have someone with you who can support you through the process.
"Some hospitals and some departments have a formal patient advocate system and it's worth checking that out," says Decter. "But our main recommendation is for your advocate to be a friend or family member who is in good health, is articulate and can help bridge your access to the care you need."
Seek support
If you feel your concerns have not been heard or addressed, ask to speak to a patient advocate. You may already have an informal advocate in place, such as a family member or friend, who can speak for you, or a doctor or nurse who is familiar with your case.
If advocacy doesn't advance your complaint, next steps might include a complaint to a department head (in a hospital) or the vice president or president in charge of patient care.
Whatever your complaint or concern, Decter recommends you escalate through the process carefully. Try to solve your problem at the lowest level first. "As you go up through the various mechanisms it becomes more complicated, more time-consuming and, in some cases, more costly."
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