Medical malpractice occurs when a healthcare provider fails to provide the care that is expected of them. Unfortunately, it is a common occurrence. Every year, billions are awarded to patients or families in the U.S. who have been affected by medical negligence. Yale News reports that approximately 22,000 preventable deaths occur each year across America.
What You Need to Know About Medical Malpractice
Medical malpractice happens when a hospital, doctor, or other healthcare professional negligently causes the injury or death of a patient.
Examples of Medical Malpractice:
- Birth injuries and pregnancy complications
- Brain injuries
- Dialysis-related injury or death
- Emergency room treatment that results in injury or death
- Medication, prescription, and pharmacy miscalculations
- Misdiagnosis
- Nursing errors
- Spinal cord injuries
- Surgical mistakes and complications
In Alabama, physical abuse, sexual abuse, and falls due to the negligence of medical professionals are also considered medical malpractice cases. Over 250,000 people die yearly due to medical malpractice, which makes it the third leading cause of death in the country.
How Common is Medical Malpractice?
Unfortunately, medical malpractice is not uncommon.
- Roughly 12,414 cases of medical malpractice were reported annually from 2009-2018.
- The Rand Corporation estimates that the typical physician may spend around 10% of their career dealing with medical malpractice lawsuits.
- The average payout amount from 2009-2018 was roughly $309,908. $38.5 billion has been paid to medical malpractice victims in the U.S. since 2009.
- Alabama lawsuits accounted for approximately 274 million of the overall total, placing Alabama 30th out of the 50 states. Alabama does not have a cap on the amount you can receive for damages caused by negligence.
Who Can Be Sued in a Medical Malpractice Claim?
Medical malpractice lawsuits can be made against the following healthcare facilities and providers:
- hospital
- doctor
- nurse
- ambulance service
- nursing home
- pharmacy
Physicians (medical doctors) led the way in the number of medical malpractice suits, with over 85,000 claims from 2009 to 2018. Dentists were a distant second, with 14,510 reports within that timeframe.
Research conducted by the New England Journal of Medicine determined that 99% of physicians have, at minimum, one malpractice lawsuit by the age of 65.
Alabama Medical Malpractice Laws
Filing a Claim in Alabama
The Alabama Medical Liability Act (AMLA) gives injured patients two years from the date of the alleged malpractice to file a claim.
Alabama’s “discovery rule” could extend that two-year deadline if the malpractice “is not discovered and could not reasonably have been discovered” during the two years after it occurred. When this is the case, the discovery rule is only in effect six months from the date facts were discovered.
Despite the discovery rule, the Alabama Statute of Repose (or the absolute deadline) states that a medical malpractice claim cannot be filed more than four years after the malpractice was committed.
Elements of a Malpractice Claim in Alabama
The AMLA requires a patient’s medical malpractice claim submission or filing to include the following:
- A detailed statement of the facts for each violation of standard care – The person making the claim must explain what happened and what may have caused the violation.
- Details of each act alleged that caused injury to the patient – The patient must explain, in detail, what the medical professional did that caused them to get hurt.
- Names and addresses of all known health care providers – List the names and addresses of all the medical professionals who treated the patient and may have information about the incident.
Alabama Medical Malpractice Statistics
In 2022, the National Practitioner Data Bank reported 929 adverse action reports and 78 medical malpractice payments in Alabama. Adverse actions in medical malpractice are any disciplinary action taken against a healthcare provider. Below are statistics related to recent Alabama malpractice reports:
- Malpractice payments in 2022: 78
- Average payment amount: $481,753.00
- State rank in 2022 for highest average payment: 12th in the nation
- Most common allegation in 2021: Improper performance
- Most common allegation in 2022: Failure to diagnose
- Physicians and dentists are the top two healthcare providers with malpractice claims against them.
Despite these numbers, there are steps medical professionals can take to reduce or prevent medical errors.
Tips to Prevent Medical Malpractice
There are steps both patients and medical professionals can take to reduce or prevent medical errors.
Tips for Patients
Remember to always protect yourself. Learn as much as you can about any procedure, medication, or information received from your healthcare provider. Following these guidelines can save your life or the life of a loved one.
- Bring along a friend or family member. You may receive a lot of information, and it is helpful to have someone who can assist you in processing it and offering suggestions.
- Seek a second opinion. If you have questions or are uncertain about a diagnosis, it is okay to seek a second opinion from another healthcare provider.
- Ask questions. It is important to gain as much information as possible regarding medical procedures, medications, diagnoses, and other options regarding your health.
Tips for Medical Professionals
An article published by the National Library of Medicine lists the following methods as ways to create a safer environment for patients and providers:
- Double-checking and pausing before surgery to ensure the procedure is performed on the correct body part
- Thoroughly washing hands before and after visiting each patient; providing antibiotics after surgery; and making catheter changes to prevent infections
- Labeling all medications, even those in syringes
- Delivering test results quickly and to the correct patient
- Recognizing and minimizing dangers and risks before they become a problem
- Reacting quickly to medical device alarms
- Holding medical professionals accountable for mistakes that are within their control
This list is a great starting point for any medical provider to reduce harm and increase safety in medical environments. Still, not every injury will be prevented.
Proving Medical Malpractice
To prove medical negligence, you must prove that a medical professional failed at their duty to provide a minimum standard of care. That failure must have caused harm, injury, or death, which resulted in financial and physical loss.
In each claim, a thorough investigation is conducted to ensure the allegation is valid. Though each medical malpractice claim will differ in the specifics, there will always be a thorough examination of the history and medical records, and an expert witness will likely be called upon to provide their professional observations and findings.
I Think I Have A Medical Malpractice Claim. What Do I Do Now?
If you or a loved one has been a victim of medical malpractice, you will need an experienced attorney to help you understand your options and rights. Contact the attorneys at Timberlake & League. We can help.
