What to do if you suspect medical malpractice

Be aware of the statute of limitations. You may have a valid claim, but if you wait too long, the claim is lost even if it is valid. State laws vary but the general rule is that the claim must be filed within two years after the malpractice, or two years after you reasonably should have known there was malpractice.

However, there are a number of tricky exceptions-especially with regard to children-so you do not have to give up just because two years have gone by. Acting quickly is generally to your advantage.

As a general rule you can forget about evaluating the claim yourself, or trying to "work it out" with the doctor, clinic or hospital. Usually, the "real" decision-maker is the doctor's insurance and the doctor's attorney.

These people are not paid to help you, or to be candid with you. They are paid to defeat your claim. Unless you have an attorney, the doctor's attorney and insurance company usually will not take you seriously.

Get a lawyer. Choosing a lawyer may be the most critical decision you make if you believe you or a loved one are a victim of medical malpractice.