When medical care falls below the standard of care, patients are often left wondering whether they have a medical malpractice claim under Alabama law. There are a number of indicators that suggest negligence may have occurred. Recognizing these signs early can help you decide whether to speak with an attorney about your options.
At Hare Wynn, we have decades of experience helping families across Alabama determine if they have a claim. Here are five common red flags that may indicate a valid case:
1. A Clear Misdiagnosis or Missed Diagnosis
If your condition was misdiagnosed or if a provider failed to diagnose it altogether, the consequences can be severe. Misdiagnosis is one of the leading causes of malpractice claims because it delays proper treatment and often leads to worsening health outcomes. For example, a missed cancer diagnosis can mean the difference between a treatable illness and an advanced disease that is much harder to control.
In these situations, medical records and expert testimony often show whether another provider would have reached the correct diagnosis. If your condition worsened because the signs were overlooked, that may indicate malpractice.
2. A Surgical or Procedural Error
Mistakes in the operating room can have life-altering consequences. These errors may include performing surgery on the wrong body part, leaving instruments inside a patient, or causing avoidable nerve or organ damage. Even minor surgical missteps can lead to infections, extended recovery, or permanent disability.
Alabama’s medical malpractice laws make it clear that patients have the right to expect competent care during procedures. When the standard of care is not met, and the patient suffers as a result, the law provides a path for accountability.
3. Medication Mistakes
Prescribing or dispensing the wrong drug or dosage, failing to check for allergies, or overlooking dangerous drug interactions are all signs of negligence. Medication errors can cause severe reactions, hospitalizations, or even death.
One common example is when similar-looking or similarly named drugs are confused in a hospital setting. Another is when a provider prescribes a medication that interacts poorly with another drug already in the patient’s system. If these mistakes result in significant harm, they may be grounds for a malpractice claim.
4. Failure of Doctors to Timely Address Emergency
Sometimes a doctor fails to timely address a medical emergency, and that failure to timely tend to the patient causes the patient’s condition to worsen or even causes the patient’s death. The failure of the doctor to timely intervene could be due to the failure of nurses or other hospital employees to notify a physician of an emergency. In other situations, the doctor may know the relevant facts but nonetheless does not identify the patient as suffering a medical emergency or chooses not to prioritize the treatment of that emergency.
5. Inadequate Nursing Care
Sometimes the failure of nurses to check on patients or timely communicate important information to doctors can result in severe patient injury or death. This may occur, for example, when a critically ill patient is in the ICU but, because a nurse fails to round on the patient for hours or ignores alarms, nurses ignore signs of treatable medical emergencies. When a nurse’s conduct falls below the standard of care, the hospital or other employer of the nurse is legally liable for the nurse’s malpractice.
Why Legal Experience Matters
Medical malpractice cases are governed by the Alabama Medical Liability Act (AMLA), which sets strict requirements for proving negligence. Claims often depend on expert testimony and review of detailed medical records. This is where experienced representation becomes critical.
Attorneys who have tried numerous malpractice cases to verdict know how to interpret complex records, work with medical specialists, and present evidence clearly to a jury. Their role is not only to argue the law but to tell the client’s story in a way that underscores how negligence caused harm.
Knowing When to Seek Help
If you recognize any of these signs in your own experience, it may be time to speak with an attorney.
At Hare Wynn, we have been representing patients and families in Alabama for more than 135 years and have litigated hundreds of medical malpractice cases across Alabama. We understand the weight of these cases, both legally and emotionally, and we are committed to guiding clients through every step of the process.
If you believe medical negligence may have harmed you or someone you love, contact us today for a free and confidential consultation. We are here to listen, evaluate your situation in consultation with our in-house nurse, and help you determine the best path forward.
