Don’t do nothing.  Every state has a “statute of limitations” which is a law designed to prevent people from waiting too long before bringing a suit against someone.  Once the time limit for bringing a suit expires, the matter is usually over, and you can no longer bring suit based on what happened.

Also, health care providers typically alert insurance defense attorneys immediately when a mistake occurs.  Sometimes they find out about a mistake before you do!  Their only job is to protect insurance company money.  Don’t let them have too much of a head start in preparing their case against you.  Get legal help right away.

Don’t allow guilt to prevent you from taking action.  Often a person develops a strong relationship to his or her health care provider.  This is a good thing.  It means the health care provider cares.  But this relationship can cloud one’s ability to make good decisions about who should bear the burden of a medical mistake.  The fact is, all health care providers carry medical malpractice insurance.  So the issue is whether you will bear the financial burden of the medical mistake or will it be the insurance company who, after all, is paid to bear the burden of medical mistakes.

Don’t speak with the health care provider or opposing counsel about the case.  Once you have hired your medical negligence attorney and are moving forward with the case, let him or her do the talking.  At this point, you and your former health care provider are not on the same team, despite any relationship you may have.  And it is unethical for opposing counsel to attempt to speak with you without your lawyer present.  Remember, comments you make to the person you are seeking recovery from may be used against you later.

Do follow your attorney’s advice.  Your attorney has taken an oath to represent you zealously.  Comply with all of his or her requests for documents, statements, etc.

Seek reasonable contingency fees.  Typically a medical negligence attorney works for a “contingency fee”, which is a percentage of whatever money you get from the case.  States vary, but the state bar association usually have guidelines for attorneys setting the upper limit for how big a cut from your winnings an attorney may take.  Contact your state bar association for details.  Also, it is worth it to make ask that the contingency fee be less if the case settles quickly rather than goes to trial.

Don’t provide a hidden camera moment.  This sinks a lot of cases.  Insurance defense attorneys can and do hire private investigators to check out claims of injury.  If the injuries you sustained because of the medical negligence disable you somehow and you are claiming that disability as part of your damages, do not do something like play flag football in the park on a day in which you feel temporarily better.   Even if you were only doing this because you get an occasional reprieve from your pain, the hidden video of your fun will sink you even if it does not accurately reflect what you are going through.