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.
