When you go to a hospital or a clinic, you trust your life to a doctor and their staff. You expect quality care. But medical personnel are human, and they can make mistakes or poor choices like anyone else. Yet, recklessness and improper decisions are more than mistakes; they can lead to medical malpractice claims.
An empowered patient is a powerful one. If you believe that you’ve experienced medical negligence, you need to understand what that means.
What a Malpractice Case Needs
A medical malpractice case needs three things to be established, whether in the dentist’s office or the emergency room.
Injury or Damages
Damages must be present and negatively affect you as the patient. Damages can be physical, emotional, or financial.
Breach of Care
The medical professional must have failed to meet the expected standard of care. A breach can be misdiagnosis, delayed diagnosis, surgical errors, improper medication administration, or failure to get informed consent.
A Direct Connection
The alleged mistake must be directly linked to your injury or damages.
A medical malpractice case must meet all three criteria to be viable. First, the healthcare provider had a duty of care to the patient. Then, recklessness or negligence breached this duty, and the patient suffered tangible damages as a direct result. Establishing these three elements is crucial.
Common Examples of Medical Malpractice Cases
Medical errors are more common than most hospital corporations want to admit. A medication error or birth-related injury aren’t only unfortunate events. Instead, they’re often results of a system that puts speed or profit over patients’ safety.
These are the most common medical negligence claims we represent at Alexander Shunnarah Trial Attorneys.
Incorrect or Delayed Diagnosis
A misdiagnosis, or a failure to diagnose, can negatively affect your health.
Errors in Medication
Incorrect medication often complicates or stalls your healing process.
Anesthesia Mistakes
Errors while handling anesthesia can cause permanent brain damage or paralysis.
Surgical Errors
A single mistake during surgery can trigger infections or lifelong physical damage.
Birth Injuries
During labor and birth, an infant may experience preventable trauma that creates lifelong disabilities.
Negligence in the Emergency Room
A mishandled emergency can quickly risk your health.
Potential medical malpractice lawsuits vary. A skilled malpractice lawyer could help you determine whether or not you have a case.
Understanding the Malpractice Lawsuit Statute of Limitations
In America, every state has a malpractice lawsuit statute of limitations. This time limit typically ranges from 1 to 3 years from the date of the event. However, some exceptions may apply.
For example, the date of discovery rule in Alabama. This rule allows the statute of limitations to begin when an injury is discovered, rather than when it occurred. Also, there are some exceptions for malpractice injuries involving infants and minors in Alabama.
Ultimately, not every medical malpractice case is created equal. You should contact a medical malpractice lawyer immediately if you suspect medical negligence.
How to Find an Attorney for a Malpractice Lawsuit
When you search for the right attorney, you need someone invested in your recovery, not just your settlement. You need a team willing to stand up to corporate America and hospital boards. Here is what you can do while researching an attorney for a malpractice lawsuit.
- Seek medical attention immediately.
- Document everything, like your medical records.
- Schedule free consultations with a wide variety of attorneys.
- Get a second medical opinion if possible.
At Alexander Shunnarah Trial Attorneys, we treat our clients like people, not case numbers. We are ready to listen to your story, evaluate your case, and help you understand your options. Schedule a free case review on our website to learn what your case could be worth.
