Medical Malpractice and Personal Injury ClaimsMedical 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).