Medical malpractice is the third leading cause of death in the United States, according to the Journal of American Medicine and as reported by Forbes. In the U.S., a malpractice payout is made every 43 minutes and amounts to a stunning $3 billion in 2012.

However, according to Forbes, there are several steps a person can take to avoid malpractice suits—the most important of which is to be your own healthcare advocate. Understanding medical malpractice and how to approach it is the most important step to dealing with it and getting your life back on track in the event of a malpractice issue.

To begin, you have the right to file a malpractice claim if “a provider’s negligence causes injury or damages to a patient,” reports Forbes. Negative results from medical care do not always amount to a malpractice claim, however, and there are certain limitations regulated by the state when it comes to what types of incidents can be considered malpractice, as well as the timeframe for which a claim can be filed.

More than 80 percent of all malpractice claims filed in the U.S. every year do not result in payouts to the patients or the survivors of affected patients. In addition, there is a statute of limitations in which the claim can be filed. This varies from state to state. In Connecticut, according to the office of the state’s Chief Attorney, Connecticut state law requires that a medical malpractice suit be filed within two years from the date “when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered.”

The Chief Attorney’s Office notes, however, that if a patient can prove that the medical professional had a continuing duty to warn him or her about the consequences of malpractice or possible negative effects of procedure, the statute of limitations can be extended. There must be evidence that the doctor failed to fulfill his duty in the period that follows the original wrong, and that duty must be proved to be within the typical standard of care.

If you suspect you have been victim of medical malpractice and have questions regarding the medical malpractice statute of limitations, the most important step is to seek legal counsel. Contact a Westport medical malpractice attorney today.