Just because a doctor or hospital makes a mistake does not mean you have a right to an injury claim, but there are some mistakes which simply are too big to ignore. This post highlights 5 common mistakes you may have a right to sue for.

Misdiagnosis
If you are diagnosed with an illness late, or if a family member is, this is valuable time being lost. Misdiagnosis and delayed diagnosis, though seemingly just mistakes, are potentially personal injury claims. If you are given the wrong diagnosis and are being treated incorrectly, you also have many options. Clearly these mistakes could cost you or a family member in a big way.

How do you file a claim? Your opinion on the mistake is small; what matters is what a more competent doctor would have done. If you can prove a more competent doctor could have diagnosed the injury or illness sooner, you can file a claim. Also, during the case, expert witnesses proving your point could make the difference. These things can take time and may seem out of reach, but if you’re unsure, you can ask an experienced personal injury lawyer.

Childbirth
There are more childbirth problems than need to be. Unfortunately, mistakes are also made before and during childbirth. For example, negligent prenatal care — before the child is even born — can have grave consequences on the child. This could include problems the mother is having prior to birth, and how they were diagnosed and treated. Once in childbirth, there are a variety of mistakes which too often occur. This includes not being ready for a larger child or simply not responding to infant distress.

How do you claim childbirth wrongs? Again, you need to have both proof a competent doctor could have done better, and expert witnesses backing this up.

Medication
Medication errors effect over 1 million people every year. Some can be life threatening … some can injure you physically or mentally and lead to a hospital stay … and sometimes they can cause lots of discomfort before you find out what the problem is. If the doctor makes mistakes in type of medicine, dosage, and its effects on you,you have the right to an injury claim in many cases.

Surgery
Surgery mistakes are not common at all. Most doctors are very skilled when it comes to the operating table. Still, mistakes aren’t always made by the doctor, and sometimes overworked doctors with expert training can make seemingly small but very dangerous mistakes. For example, your doctor may operate on the wrong injured leg; sadly, it happens. Or while operating they can puncture internal organs.

Anesthesia Errors
Anesthesia errors are far more common then surgery errors, and can be just as dangerous. Improper use of anesthesia — in terms of amount and the time period — can lead to permanent physical injuries, such as to your brain or heart.

Filing personal injury claims against doctors and hospitals may seem to be wrong as they’re the ones trying to help you, but when it comes to your needs and rights, sometimes you have no chance. If you feel a doctor or hospital made a mistake in diagnosing and treating you, you have the right to an injury claim and should speak with a personal injury lawyer.

Medical malpractice caused by negligence by the doctor or other hospital staff can often lead to a personal injury claim. Mistakes are made in hospitals every day. However, because conditions, diagnosis, and treatment are difficult is never an excuse; some mistakes should never occur and if they do you have a legal right for compensation. After all, if you are prescribed a medicine it’s known you’re allergic too, if the doctor botches the job while operating on you or a loved one, or if a variety of other accidents occur, you have clear rights.

What can happen?
A doctor can fail to diagnose you correctly. In this instance, the doctor may have made a mistake in treating you or medicating you.  The proof is that a competent  doctor would not have made the same mistake. There are many ways  for this to occur, but if you feel the doctors failed to properly treat you–that they could have done much better–you quite often have an injury claim and right for compensation.

Second, improper treatment by your doctor can occur if the doctor makes clear mistakes that an experienced doctor would not make. After the diagnosis comes the treatment, and if either fails, you should contact a personal injury lawyer.

Third, you should know all the  risks involved in any treatment. For example, if you are given are treated in the hospital and are not told how it might make you feel sick or constantly dizzy, you have a legal right to address this. You should know all risk before any treatment is given.

There are many other situations where medical malpractice is a problem, but these are the most common. If a doctor doesn’t diagnose you correctly, gives you inadequate treatment, and/or fails to tell you of potential risks, you often have the right for a claim.

How do you claim injury?
Different states have different requirements for medical malpractice cases. Most laws state you must be prompt in bring the claim against the doctor; however, you still get 6-12 months in most cases. That should give you enough time to research your rights, hire a personal injury lawyer, and file the malpractice claim.

In some states, you also have to submit to a malpractice review panel. Here is where you’ll argue your point, give evidence, and use witnesses before the suit can be continued. Still, not all states do this. If yours does, you definitely should consult with a personal injury lawyer.

Still other states require that you give the doctor notice you’ll be filing a malpractice claim against them. And most states will not base their decisions solely on your testimonial or even the doctor’s; outside experts must be used to effectively win a medical malpractice claim.

What’s the first step?
You need to first consult with a personal injury lawyer in your state. One of the best ways is to look on sites and local law directories. Don’t hire the first lawyer you find, but don’t wait too long either. Look for one experienced in injury law, and in this case one who understands medical malpractice laws in your state (be sure to ask).