Common Types of Medical Malpractice

A medical malpractice claim is filed in civil court to seek financial redress when there has been an error that caused a patient injury or death. You have two years from the incident to file a medical malpractice (med mal) claim in Alabama under the statute of limitations.  If you file outside of that time period, you may have no recourse. Of course, filing a claim will not bring back the loved one, but it sends a message to the practitioner never to injure any other patients.

It is estimated there are at least 250,000 cases of medical errors in the U.S. every year and many of those errors result in death.

There are far more cases of med mal never filed because people do not want to sue their doctor or because of the difficulty in bringing a case. Med mal laws are written in favor of the hospital, doctor, and their insurers, and there is a high bar to win a case.  

Medical Malpractice

Medical malpractice happens often and in many cases the outcome is completely preventable. We have all heard about the surgeon who operated on the wrong leg or amputated the wrong arm. Safety checks in the operating room are now in place to make sure that doesn’t happen.

But there are far more common forms of medical malpractice including:  

• A Medication Error – A doctor, prescriber, or pharmacist can give you the wrong medication. It happens all the time and you should always check the drug, read the IFU (instructions for use) and make sure it is the drug you were intended and in the right dose.  If a child is involved, make sure the dose is appropriate for the child’s age, not an adult dose. Confirm with the pharmacist that the medication is compatible with whatever other drugs you are taking.
  
  
• Failure to Treat – Maybe your doctor failed to diagnose a condition or thought it was something else. Your course of treatment is not working and maybe you even feel worse with the passage of time. Doctors do make mistakes and it is always a good idea to have an ongoing conversation with your medical provider, especially if your condition worsens. It is possible that he did not adequately diagnose your malady initially and/or refer you to the right specialist.  It happens all of the time.  
  
  
• Substandard Care – Any malpractice case against a doctor has to show clear evidence that the care prescribed is below the standard, not just an occasional mistake. A doctor may treat a patient in a way that no other doctor would have following the standard of care.  Consider that some doctors are not adequately trained on the equipment they use, or on a surgical technique that is new to them.

Your Medical Malpractice Law Firm

The sad fact is that Alabama laws pertaining to medical malpractice are the toughest in the nation for the injured plaintiff.  

Most citizens do not realize that tort reform laws, which were publicized to rein in trial lawyers, also curtailed their right to the courthouse door. Finding a medical expert to testify against another doctor is nearly impossible. Poorly performing doctors may suddenly disappear only to show up at another facility.

At trial, Alabama law does not allow the plaintiffs’ attorney to bring in any other examples of malpractice performed by the doctor in question, even when he is a repeat offender.

An analysis by Al.com found that the same 150 Alabama doctors had been sued multiple times between 2006 and 2016. The consumer group, Public Citizen, also found that much of the malpractice is performed by the same doctors and in our state obtaining those records is nearly impossible.

Because the bar is so high, you need to seek the experienced legal advice of a medical malpractice law firm. The injured patient may be able to recover all of his financial losses including pain and suffering, medical bills, lost wages, disability, disfigurement, and the loss of enjoyment of life.

In the case of an injured child, an award can be turned into a trust fund to help provide for his future needs. 

A case of medical malpractice can also bring in huge damage awards when a jury hears the facts of the case.

A conversation with Chip Nix will guide you to the merits of your medical malpractice action. Please give him a call at 334-279-7770 to begin the conversation. Remember you are facing a time restriction within which to file your case so you are urged to make that appointment soon.