Experiencing a negative outcome from a medical procedure can leave you with physical, emotional, and financial burdens. When that stems from what you believe to be a trusted healthcare provider’s error or negligence, it can be even more disheartening.
If you suspect medical malpractice in Birmingham, Alabama, it’s crucial to understand your options and how to navigate the complex legal landscape. The medical malpractice lawyers at Hare Wynn have a long, 135-year history of helping people in Alabama facing challenging situations, including those involving medical negligence. Hare Wynn lawyers handle cases all over Alabama.
What is Medical Malpractice in Alabama?
Medical malpractice occurs when a healthcare provider (whether a doctor, nurse, or other medical professional) deviates from the accepted standard of care, resulting in injury, harm, or death to a patient. Medical malpractice implies that the injury was preventable and directly caused by the healthcare provider’s failure to act as a reasonably skilled professional would have under similar circumstances.
In Alabama, medical malpractice cases are governed by the Alabama Medical Liability Act (AMLA). This act sets out specific requirements and procedures for pursuing a claim. Understanding this statute is the first step, and a knowledgeable Birmingham medical malpractice attorney can help you determine if your situation aligns with what the law considers malpractice.
Recognizing Potential Medical Malpractice
It can be challenging to definitively identify medical malpractice without a legal review, but certain signs might indicate that a closer look is warranted. These include:
- Misdiagnosis or Delayed Diagnosis: A medical condition is incorrectly identified or not identified in a timely manner, leading to worsened health outcomes.
- Surgical Errors: Mistakes made during a surgical procedure, such as operating on the wrong body part, leaving surgical instruments inside a patient, or causing nerve damage.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to account for drug interactions or patient allergies.
- Birth Injuries: Harm to a mother or child during labor and delivery due to a healthcare provider’s actions or inactions.
- Anesthesia Errors: Mistakes by an anesthesiologist that lead to serious injury or complications.
- Failure to Treat: Neglecting to provide appropriate and timely treatment for a diagnosed condition.
- Lack of Informed Consent: When a patient is not fully informed of the risks, benefits, and alternatives of a medical procedure before agreeing to it.
An attorney with a strong background in medical negligence cases in Alabama can help you sort through the details and assess the strength of a potential claim. Hare Wynn medical malpractice lawyers never charge a fee to review your case. You never pay a day unless your case is won.
Steps to Take If You Suspect Malpractice
If you suspect medical malpractice has occurred, taking these steps can significantly aid any potential legal action.
- Prioritize Your Health: Your immediate focus should be on your health and well-being. Seek further medical attention if needed, preferably from a different healthcare provider, to address any new or worsening conditions resulting from the suspected malpractice
- Gather Your Medical Records: Request all relevant medical records related to your treatment, including doctor’s notes, test results, imaging scans, surgical reports, medication lists, and billing statements. Be thorough and keep everything organized. The attorneys at Hare Wynn can help you get your records.
- Document Everything: Keep a detailed journal of your experience and take photos of your injuries. Note dates, times, names of healthcare providers, what was said, symptoms you experienced, and how your condition progressed. Also, keep track of any financial losses, such as lost wages due to inability to work, and accumulating medical bills.
- Understand the Statute of Limitations: In Alabama, there’s a strict time limit, known as the statute of limitations, for filing a medical malpractice lawsuit. Generally, you have two years from the date the alleged act of malpractice occurred to file your claim. There can be exceptions, particularly if the injury was not immediately discoverable, but these exceptions have their own strict limits, often capped at four years from the date of the act. Missing this deadline can permanently bar you from pursuing your case.
- Seek Legal Consultation with a Medical Malpractice Attorney: Medical malpractice cases are notoriously complex and challenging. They often require a thorough understanding of both medical practices and legal principles. A Birmingham medical malpractice attorney can:
- Evaluate the merits of your case.
- Determine if a healthcare provider’s actions fell below the accepted standard of care.
- Gather additional evidence and consult with medical professionals to support your claim.
- Navigate the intricate requirements of the Alabama Medical Liability Act.
- Represent your interests in negotiations or in court.
Contact Hare Wynn Today
If you suspect medical malpractice has affected you or a loved one in Birmingham, AL, the medical malpractice lawyers at Hare Wynn can help. Contact us today for a free confidential consultation. We are here to listen to your story, evaluate your options, and help you determine the best path forward to secure the justice and recovery you deserve.
