Do I Have a Case for Medical Malpractice?

When your life has been affected by the negligence of a medical professional, it can have lasting consequences. These consequences can include injuries damaging a patient’s financial, mental, emotional, and physical health.

Although there is no way to reverse the damages, seeking compensation may be an option. Getting fair compensation is a complicated process and must meet certain requirements. 

Malpractice occurs when a healthcare professional’s negligent actions directly cause harm or injury to a patient. In 1999, the Institute of Medicine published a landmark study that asserted 98,000 people die each year from preventable medical errors. Since then, some estimates place medical malpractice deaths closer to 250,000 people each year, making it the 3rd leading cause of death in the United States.

Common Medical Malpractice Lawsuits

Surgeons perform surgery on patient to fix medical mistake they made.

Misdiagnosis or Delayed Diagnosis Lawsuit

  • Not ordering medical tests
  • Incorrectly assessing symptoms or the results of medical tests
  • Not recognizing clinical symptoms of a condition

Surgical Errors Lawsuit

  • Surgeon performing surgery on the wrong patient
  • Surgery performed on the wrong body part
  • Medical staff leaving equipment inside the patient’s body
  • The surgical team does not adhere to accepted medical practices during each phase of surgery

Birth Injuries Lawsuit

  • Cerebral palsy
  • Nerve damage
  • Spinal cord injury

These malpractice examples are some of the most common. However, there are others like dental malpractice, pharmacy errors, and anesthesia errors. Whatever the case, there is never a good reason for someone entrusted with your health to provide incompetent and unreasonable care.

What is required to prove medical negligence?

Alabama law places the burden of proof on the person who filed the malpractice suit. That person becomes the plaintiff in the case, and the accused becomes the defendant.

The plaintiff must prove the defendant failed to exercise reasonable care, skill, and diligence as other health care providers in the same general line of practice in similar cases would.

The plaintiff must also show exactly how the defendant failed to provide care and prove that the injuries would not have occurred if the defendant had not provided sub-standard care.

Hiring a Medical Malpractice Lawyer

Medical malpractice lawyers can accelerate, negotiate, and break down all legal proceedings on your behalf. They specialize in settlement negotiation and guide you through complicated lawsuits and legal jargon.

These lawyers help close your claim faster and more efficiently than you could alone. They can break down your case to help you understand your claim and possible rewards. When you do decide to hire a lawyer, be sure to consider these things:

  • Experience – Consider an attorney’s experience handling your type of malpractice case. Ask questions; don’t be shy. Get all the information you can regarding your attorney’s professional history.
  • Reputation – Make sure you trust your case to a lawyer in good standing with local, state, and national law associations.
  • Cost – Most medical malpractice lawyers will represent you on a contingency fee basis. That means there are no upfront costs, and the lawyer only receives payment if you win your case. Discuss payment options at the initial consultation.

Malpractice is a serious matter. You should seek and receive fair compensation if your family has been affected. Please contact the experienced Huntsville medical malpractice lawyers at Timberlake & League. We will advocate on your behalf, getting every cent you deserve.