What Do I Do if I Suspect Medical Malpractice? Determining whether you have been a victim of malpractice or if you have suffered a negative outcome of medical treatment can be challenging. Usually, the process begins with you or a member of your family having a feeling that something about the treatment just wasn’t right. Doctors and other medical staff are not going to admit outright that they made a mistake, so it is often up to the loved ones of a patient to seek outside advice when they feel that something out of the ordinary has happened.