Huntsville Medical Malpractice Lawyers

What Is Medical Malpractice?

All physicians, other medical professionals, and medical facilities must uphold a certain standard of care to their patients. A standard of care is a legal duty that dictates how a certain person or profession should behave toward others. For medical professionals, the standard of care defines how they are supposed to behave toward their patients. If doctors, nurses, or facilities do not uphold their standard of care and cause you harm, you may have the right to bring a medical malpractice claim against them.

For a medical malpractice claim to exist, there must be evidence that:

• A physician-patient relationship existed
• The medical professional did not provide medical care consistent with the relevant standard of care
• The medical professional’s breach of the standard of care caused you a compensable injury

Alabama’s Medical Standard of Care

The Alabama Medical Liability Act, Section 6-5-548(a) says, for you to recover under a medical malpractice claim, you must have substantial evidence that a “health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.” You will need to look at how your physician acted compared to what other doctors who have similar backgrounds would do.

This can be extremely difficult, so working with our experienced Huntsville medical malpractice lawyers is essential when you believe a careless or reckless medical error has harmed you.

Common Situations That Lead to Medical Malpractice Claims

Misdiagnosis

A late or incorrect diagnosis is a common type of medical malpractice claim. If a physician diagnoses you with the wrong condition or injury or fails to determine what is wrong, you fail to receive the treatment you need. You could end up receiving a medication, procedure, or other treatment that you do not need, and this could cause you harm. Contact us immediately if your condition worsens because a doctor failed to diagnose you properly.

Medication Errors

Medication errors can occur in several ways. You could be prescribed an incorrect or inappropriate drug. In this case, the prescribing physician may be responsible for the adverse side effects of that medication. You may have been prescribed the correct medication, yet a pharmacist could have dispensed the wrong drug, an incorrect dose, or incorrectly labeled the medication. A pharmacist can also lead to a medical mistake if they fail to inquire about your other medications or notice a potentially dangerous interaction. If you suffered from any medication error, call us as soon as possible to discuss your options.

Hospital Errors

Your medical teams need to run like a finely-tuned machine. If they do not, the risk of something going wrong and causing you harm is too great. Suppose a hospital error occurs, such as someone not properly labeling your chart or giving you a medication meant for another patient. In that case, you may have the right to hold the facility responsible.

Surgical Mistakes

Surgery is scary enough without the thought of the surgeon, anesthesiologist, or nurse making a mistake. Surgical errors can range from moderate to severe. Using unsterilized equipment can lead to a serious infection. A surgeon could perform the wrong operation or operate on the wrong body part. Whatever the level of the surgical error, any mistake that caused you harm may arise to the level of a legal claim.

Pregnancy and Childbirth Issues

A lot can go wrong during pregnancy and childbirth. Unfortunately, some nurses and physicians may not supervise you as much as they should or pay attention to warning signs. If you or your newborn were injured during your pregnancy or the birth because you did not receive proper medical care, let our medical malpractice lawyers help you recover the compensation you deserve under the law.

Proving Liability for Medical Malpractice Claims

As with a personal injury or wrongful death case, a few elements must be proven to establish the at-fault party’s negligence. Your claim’s success relies on your ability to prove:

• The other party’s duty of care toward you.In most medical malpractice cases, this is clear if a doctor-patient relationship existed. Healthcare providers owe patients a duty of care.
• The other party failed to uphold the duty of care. You will need to show how the healthcare provider’s actions – or lack thereof– breached their duty of care.
• The other party’s negligence caused you harm. You must prove that the malpractice led to your injuries and other damages.

Compensation During a Medical Malpractice Claim

If you were injured by substandard medical care, you might be able to pursue a number of different types of damages, including:

• Medical expenses
• Loss of earning potential
• Physical pain
• Mental anguish
• Disfigurement
• Physical impairment

Calculating your damages after a medical injury can be extremely difficult. Certain economic injuries such as your medical bills and lost wages are evident. However, how do you value your physical pain and mental suffering? There are numerous methods lawyers and insurers use to value general or non-economic damages. Schedule an appointment with our Huntsville medical malpractice lawyers today to discuss your claim’s potential value.

Additional Consequences of a Medical Malpractice Claim

If you obtain a settlement or a jury award for a physician’s or facility’s medical malpractice, it will be reported to the Alabama Board of Medical Examiners and Medical Licensure Commission of Alabama. The physician could be sanctioned or lose their medical license. Coming forward about the medical malpractice you suffered may not only help you obtain justice and compensation, but it may also prevent future harm.

Let Our Huntsville Medical Malpractice Lawyers Help You

In many situations, you may not realize your experience was due to negligent medical care for some time. It may take weeks or months of working with other medical providers before you realize your experience should never have happened, that you were injured beyond your previous condition. Once you realize you were hurt because of a medical professional’s carelessness or recklessness, contact the attorneys at Belt, Bruner & Barnett, P.C.

We will begin to investigate your case immediately, including reviewing when the statute of limitations. Under Alabama law, you only have two years after the time you realize malpractice took place to file a lawsuit.

To learn more about Alabama medical malpractice law, contact our Huntsville medical malpractice lawyers from Belt, Bruner & Barnett, P.C. at (205) 933-1500 to schedule a free consultation of your case.