Suspecting Medical Malpractice? Key Steps Every Patient Should Take

The United States has the highest healthcare spending of any country in the world. According to Statista, annual health expenditures exceeded $4.8 trillion in 2023, with personal health care costs equaling $12,297 per resident. Considering the significant financial and personal investment in healthcare, patients have a right to expect a high standard of care and protection against medical malpractice.

Unfortunately, medical errors and negligence can occur, which can often lead to serious consequences for patients and their families. When a medical outcome feels wrong or unexpected, it can leave a patient feeling betrayed and unsure of what to do next.

This guide outlines the essential steps every patient should take if they suspect they may have been a victim of medical malpractice.

Steps to Take if You Suspect Medical Malpractice

1. Recognize the Signs of Possible Malpractice

Recognizing potential medical malpractice involves looking beyond a poor outcome to identify a preventable error. Key signs include a treatment plan that deviates from accepted practice, symptoms that worsen after an avoidable mistake, or another medical professional pointing out irregularities. Missteps like surgical mistakes, delayed diagnoses, or prescription errors are often preventable.

A high-profile case highlighting this is Hulk Hogan. According to TMZ, the Clearwater Police Department is investigating the possibility of medical malpractice as a cause of death. They are actively seeking medical records from various providers and interviewing multiple witnesses. This underscores that these are serious allegations requiring a thorough investigation.

Acknowledging the possibility of malpractice early is crucial. It gives you time to protect your rights and begin the process of seeking appropriate remedies for any harm caused by negligence.

2. Get a Second Medical Opinion

Obtaining a second opinion from a qualified physician ensures you receive proper treatment while providing another professional evaluation of your condition. This consultation can confirm whether an error may have occurred and generate documentation that could later support a legal claim.

However, according to the American Medical Association (AMA), it is important to distinguish a legitimate second opinion from “doctor shopping.” Doctor shopping occurs when patients visit multiple providers to obtain a desired diagnosis or treatment, disregarding prior medical advice.

This behavior can fragment care, cause duplicated tests, conflicting treatments, and even drug interactions, while also undermining the physician-patient relationship.

The key difference lies in intent. A genuine second opinion represents a proactive, informed approach, whereas doctor shopping signals distrust or manipulation. Patients and physicians should maintain open communication and mutual respect to ensure the process remains constructive.

3. Collect and Preserve Evidence

Patients who suspect medical malpractice should methodically collect records and evidence. Your medical files, prescriptions, surgery notes, imaging results, and lab reports are crucial pieces of documentation. You should request copies immediately, as access can sometimes become complicated once a malpractice claim appears likely.

Maintain detailed records of doctor communications, symptom notes, and relevant photos to support your case. The more thorough your evidence, the easier it will be for legal and medical experts to analyze whether malpractice occurred.

4. Understand the Statute of Limitations

For any medical malpractice case, understanding the statute of limitations is a crucial step. This legally mandated deadline dictates the timeframe within which you can file a lawsuit, and missing it means forfeiting your right to a claim entirely.

The exact timeframe varies by state, but it is typically between one and three years. For example, the Florida medical malpractice statute of limitations is two years.

However, according to Lesser, Landy, Smith & Siegel, PLLC, Florida follows the “discovery rule.” Under the “discovery rule,” the two-year clock begins on the date the malpractice or injury is, or reasonably should have been, discovered. This is especially critical for subtle or delayed injuries, like those resulting from a misdiagnosis.

Promptly consulting with an attorney is vital for protecting your rights and preserving key evidence.

5. Understand Compensation and Justice

Patients who establish malpractice may be eligible for compensation covering expenses such as medical bills, lost income, and pain and suffering. While no amount of money can undo harm, it provides vital resources and a sense of justice. These claims also serve as a crucial tool for accountability, holding the medical system to higher standards and protecting future patients.

According to NCHstats, medical malpractice payouts vary significantly by state. In 2025, New York led in total medical malpractice payouts, totaling $372.39 million from 659 claims, followed by Florida with $203.85 million across 670 claims.

Interestingly, Wyoming had the highest average payout at $2,373,750 per case. These figures underscore the financial consequences of malpractice and the legal system’s role in providing a path to justice and improved safety.

FAQs

What qualifies as medical malpractice?

Medical malpractice occurs when a physician’s act or omission during patient care deviates from accepted medical standards and causes harm. It is a subset of tort law focused on professional negligence. Examples include misdiagnosis, surgical errors, medication mistakes, or delayed treatment that result in injury or complications.

What should I do first if I suspect malpractice?

If you suspect malpractice, prioritize your health first. Seek medical attention to address any ongoing issues and document your condition. Then, gather all relevant records, including test results, and consult an experienced medical malpractice attorney to guide you on the next steps.

Which element is the most difficult to establish in a medical malpractice case?

The hardest element to prove in a medical malpractice case is causation. This involves showing that the healthcare provider’s deviation from the accepted standard of care directly caused the patient’s injury. Establishing this often requires expert testimony, medical records, and evidence linking the provider’s actions to the harm suffered by the patient.

Discovering that you may be a victim of medical malpractice is life-changing. It combines the stress of a health crisis with the complex prospect of legal action. However, by acting quickly and strategically, you can safeguard your health and your rights.

Above all, patients must remain mindful of the statute of limitations, ensuring they do not lose their chance to pursue justice. Though the process requires resilience, it is a pathway toward both recovery and accountability in the healthcare system.