Doctors, nurses, and other healthcare professionals have a duty to conduct themselves in a way that other professionals of the same experience and training would. For example, if the standard of care is to prescribe antibiotics after a specific surgery and a surgeon fails to do so, they very likely have breached the standard of care. If this breach causes injury and damages to the patient, the patient could have grounds to file a medical malpractice lawsuit with the help of an experienced Alabama medical malpractice lawyer.
Medical malpractice lawsuits in Alabama are notoriously complex, though. Strict court filing deadlines exist, countless medical records must be sorted and analyzed, and the injured party has a substantial “burden of proof.” With such complexities, it’s imperative that to have seasoned medical malpractice attorneys help with navigating medical malpractice claims. You can find attorneys like these at Floyd Hunter Injury Law.
What Is Medical Malpractice?
By definition, medical malpractice is any act or omission by a treating physician (or other medical professional) that deviates from accepted norms of practice in the medical community and results in an injury to the patient. It’s a specific area of tort law dealing with professional negligence. The medical professional and sometimes their employer or other parties may be held liable for the victim’s injuries.
Based on the definition of medical malpractice, there are thousands of ways a medical professional could commit an action that gives rise to a medical malpractice claim. The most common general types of medical malpractice claims in Alabama are:
- Providing a wrong or a delayed diagnosis
- Birth injuries
- Failure to treat
- Prescribing the wrong medication
- Surgical errors, including wrong-site surgery
- Anesthesia errors
- Failure to warn a patient or obtain consent
If you are wondering if a negative experience or a poor outcome is grounds to pursue a medical malpractice claim, it is best to consult with an experienced medical malpractice attorney in Alabama.
How Do You Prove Medical Malpractice?
Besides detailing specific facts in their complaint, in proving their case in court, according to Alabama Code § 6-5-548, an injured party must:
- Establish the appropriate medical standard of care that pertains to their injury
- Prove exactly how the defendant failed to provide care in line with that standard when treating them
- Show that because the medical provider provided substandard care, they suffered harm that wouldn’t have otherwise occurred
Each of these elements must be established in an Alabama medical malpractice case. In most of these cases, key liability elements are established with testimony from a qualified expert medical witness.
Are There Medical Malpractice Damage Caps in Alabama?
Each medical malpractice case is unique, and case values depend on many various factors. Even still, each state has the legal right to cap or limit the amount of compensation an injured party bringing a legal claim (the plaintiff) could receive. These caps automatically limit the amount of damages the jury can award, regardless of the extent of the plaintiff’s injuries or losses.
That being said, there is currently no cap on medical malpractice damages in Alabama (including damages for pain and suffering). As such, an injured patient may recover all losses, financial and otherwise, that can be attributed to the defendant’s malpractice. It should be noted that Alabama did have a statutory cap on the books, but the state’s highest court struck it down.
How Can a Medical Malpractice Attorney Help?
When you retain an Alabama medical malpractice attorney at Floyd Hunter Injury Law, the Thumbs Up Guys® will go to work representing your case, standing up for your rights, and fighting for you to get the compensation you deserve for your injuries. This often involves many complicated steps, such as:
- Obtaining and studying medical records
- Interviewing witnesses to the medical malpractice event and your injuries
- Hiring medical experts to serve as witnesses
- Communicating with insurance companies and providers
- Proving the professional negligence of the party or parties liable for your injuries
- Understanding the full extent of your injuries and damages to request the appropriate amount of compensation
- Negotiating a full and fair settlement
- Litigating your case in court if a settlement can’t be reached
Medical malpractice claims can take several years to resolve. It’s in your best interest to have an attorney on your side to navigate such a complicated injury claim and to ensure that you obtain any compensation you deserve as quickly as possible.
Schedule Your Consult with Our Alabama Medical Malpractice Attorneys Today
Victims of medical malpractice incidents often feel betrayed by their healthcare providers. You may have injuries or damages that will impact them for the rest of your life. No amount of money will ever wholly make up for the losses you have endured. However, we can help you get the maximum compensation possible in your case. To schedule your free medical malpractice case review, call the Thumbs Up Guys® at 334-366-9058 or contact us online today. With offices in Montgomery and Millbrook, we take clients throughout Alabama.
