If a hospital has reached out to you or someone you love after a medical error or unexpected outcome, you probably have more questions than answers right now. These FAQs walk through what hospital disclosure programs are, what your rights are, and how to support someone going through this, whether you’re the one directly affected or trying to help a family member figure out what to do next.
For more on what these programs are and how they work, visit our Hospital Disclosure Programs page. If you believe a hospital error caused serious harm, our Hospital Medical Malpractice attorneys can help you understand your options.
Why did the hospital contact my family after a medical error?
Hospitals sometimes reach out in the days or weeks after an unexpected outcome, a serious complication, or a death during treatment. They usually frame this outreach as a chance for you to get answers about what happened. But some hospitals use these programs to reduce the risk of a lawsuit and limit what the hospital is financially responsible for.
Is a hospital disclosure program the same as an admission of malpractice?
No. A hospital can walk you through what its internal review found, apologize, or even offer money, without any of that meaning medical malpractice occurred under the law. Malpractice has a specific legal definition, and a hospital’s own conclusions about what happened aren’t the final word on whether it was met. That determination often requires an independent medical and legal review.
What happens during a disclosure meeting, and what should I ask?
A hospital’s disclosure team, often made up of risk managers, patient safety staff, or hospital counsel, will typically walk you through what their internal review found and may offer an apology, an explanation, or compensation. It’s reasonable to ask who is in the room and what role each person plays, what specifically the internal review looked at, what records exist, and whether anything you’re being told or offered comes with conditions, such as giving up your right to take further action.
Is what happened malpractice, or just a bad medical outcome?
Not every bad outcome is malpractice. Medicine involves real risk, and some complications happen even when providers do everything right. Medical malpractice generally means a healthcare provider failed to meet the standard of care that a reasonably competent provider would have met in the same situation, and that failure caused harm. Because that comparison requires medical expertise, the only reliable way to know is to have your case reviewed by an attorney who works with independent medical experts. Read more in our Medical Malpractice FAQs.
How do I know if a hospital’s explanation is the full picture?
You often can’t know that from the disclosure meeting alone. The hospital’s team has usually reviewed the internal investigation and prepared its messaging before ever sitting down with you, which means the conversation is a planned presentation, not a neutral exchange. That doesn’t mean what you’re told is false, but it does mean the version of events you’re hearing was shaped by people whose role includes protecting the hospital. Working with an attorney to conduct an independent investigation is the best way to see whether the explanation lines up with what’s actually documented.
How much time do I have to file a medical malpractice claim?
Every state sets its own deadline, called a statute of limitations, for filing a medical malpractice claim, and that deadline generally starts running from the date of the injury or, in some cases, from when the injury was discovered. A hospital’s internal disclosure or resolution process does not pause or extend this deadline. Because the timeframe and the rules around it vary by state, it’s important to talk to an attorney early to find out exactly how much time you have.
What does it cost to talk to a lawyer about a possible hospital error?
At Morris James, we offer a free initial consultation, and we work on a contingency fee basis, meaning you don’t pay anything unless we recover money for you. An initial consultation doesn’t commit you to anything, so there’s little downside to asking questions early, even if you’re not sure yet whether you want to pursue a case.
How can I support a family member or friend going through this, and what should I avoid saying or doing?
Right now, listening matters more than having answers. Let them talk at their own pace, and resist the urge to steer them toward a decision before they’re ready. Encourage them to talk to a lawyer early on, so their rights are protected and they don’t have to carry this by themselves. A consultation is free and asks nothing of them but a conversation.
Can I go with my family member to a disclosure meeting, or should they go alone?
In some cases, patients and families are allowed to bring someone with them to a disclosure meeting, and doing so can help, since it’s easier for a second person to take notes and remember details when emotions are running high. If your family member wants you there, it’s worth confirming with the hospital ahead of time and asking whether you can take notes, record the conversation, or request written materials afterward.
What should I do first if I think a hospital error occurred?
Your health comes first. If you’re in a medical emergency, call 911. Otherwise, seek the treatment you need and get a second opinion if you’re unsure about your current care, before anything else.
Once your immediate health needs are addressed, write down what you remember about the events and any conversations with hospital staff while they’re still fresh, including names, dates, and what was said, and request your complete medical records if you haven't already. It’s best to talk to an attorney early, ideally before you engage with the hospital’s disclosure program, so you understand your rights and options going in rather than after decisions have already been made. If the hospital has offered a disclosure meeting, you can still attend it, but you're not required to sign anything or accept any offer on the spot.
Why choose Morris James over a large national law firm for a hospital disclosure or medical malpractice matter?
Our attorneys have experience with medical malpractice claims and hospital disclosure and resolution programs, which means we understand how these programs work and what they’re designed to accomplish for the hospital. We handle every case on a contingency fee basis, so there’s no upfront cost and no fee unless we recover money for you.
Does Morris James only handle cases in one state?
No. While Morris James is based in Delaware, our medical malpractice attorneys represent clients in other states as well. If you’re not sure whether we can help with your specific situation, call or reach out online for a free consultation.
If you or someone you love is navigating a hospital’s disclosure process, call us at 302.655.2599 for a free, confidential consultation. We work on a contingency fee basis. You pay nothing unless we recover money for you.
