You should be able to trust your doctor, medical professionals, and hospital to provide competent medical care during your hospital visits. Regrettably, mistakes do happen in the medical field due to the negligence of some parties. These mistakes can result in severe complications or even death. You have the right to file a medical malpractice claim in Alabama if you've sustained injuries due to a medical professional's negligent actions or inactions.
At Mike Bell Accident & Injury Lawyers, we can help you get the justice you deserve after medical negligence. We believe that medical professionals should exercise reasonable care while treating their patients. Any negligent party should be held accountable for their actions. Over the years, our Montgomery medical malpractice lawyers have helped many victims and families obtain the best settlement for medical malpractice claims. We handle many medical malpractice cases in Alabama, such as misdiagnosis, surgical errors, wrong x-ray readings, delayed treatment, hospital negligence, and ER mishaps.
Our reliable law firm in Montgomery has a skilled team of lawyers ready to handle challenging cases. We are prepared to build a solid defense to help you secure maximum compensation for your personal injury claim. Get in touch with us at 334-666-5000 to speak to a Montgomery medical malpractice lawyer about your case. We are available 24/7!
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional or institution deviates from acceptable medical standards when offering medical care. A doctor or any other medical professional who fails to provide quality care to patients commits medical malpractice. Medical negligence can result in severe injuries and even death.
A doctor, nurse, or pharmacist who doesn't provide competent medical care risks their patient's health and well-being. For instance, a surgeon who performs the wrong surgery may end up committing medical malpractice. Alternatively, a doctor who waits too long before performing an emergency C-section can be held liable in the event of stillbirth. Other forms of medical malpractice include failure to monitor patients, disregarding required hygiene procedures, and over-prescribing medication drugs.
It is the responsibility of all healthcare providers in Montgomery, Alabama, to provide the best form of treatment to patients. Negligent acts or omissions can amount to medical malpractice. Any substandard treatment by a medical professional can result in physical and economic damages.
If you believe a healthcare professional is to blame for your injuries, you should reach out to a medical malpractice lawyer near Montgomery, Alabama. You can also get in touch with Mike Bell Accident & Injury Lawyers if you've lost someone you care about due to medical negligence. Our experienced lawyers will help you get the justice you deserve after your loved one's wrongful death in Alabama.
How Do You Know You Have A Medical Malpractice Claim?
Medical malpractice claims are some of the most complex claims in Alabama law. This is because these types of claims involve concepts from the legal and medical fields. Medical malpractice cases usually involve terms and concepts that laypeople may find impossible to understand. For this reason, it is crucial to seek the legal services of an experienced Montgomery medical malpractice lawyer.
Our lawyers can go through the facts of your case to prove that the defendant committed medical negligence. We will use these four elements to prove medical malpractice in your claim:
Doctor-Patient Relationship
At Mike Bell Accident & Injury Lawyers, our reliable legal team will prove that a relationship existed between you and the medical professional. We will prove that you hired the doctor in question and that he or she accepted the offer to be hired. Establishing this relationship may not always be straightforward. For instance, it may not be easy to prove a doctor-patient relationship if you eavesdropped on a doctor's advice at a fundraiser.
If your doctor had begun treating you, it is easy to prove that this relationship existed. Once a doctor begins treatment procedures, it is their legal obligation to provide quality health care services to their patients. Our lawyers will link the doctor to your medical care.
Negligence
Your doctor may not be negligent just because you are unsatisfied or unhappy about the results of your treatment program. To prove negligence, the plaintiff must show that the doctor's actions or inactions amounted to a breach of duty of care. A seasoned Montgomery medical malpractice attorney should show that the doctor's actions result in harm.
Our legal team will prove that a reasonable medical professional wouldn't have acted similarly under comparable circumstances. It is the medical practitioner's responsibility to be reasonably skilled and careful while offering medical care.
Causation
Our personal injury lawyers at Mike Bell Accident & Injury Lawyers will then prove that the medical practitioner's actions or inactions led to your injuries. Proving causation may be challenging since a patient typically already has a pre-existing condition.
Our lawyers will conduct a comprehensive investigation into your medical malpractice claim in Montgomery to prove that the doctor's actions or inactions caused harm. We will call experienced medical experts to the stand to testify that the at-fault doctor didn't act in a reasonable manner when offering medical care.
Damages
You have to suffer harm to sue a negligent healthcare provider. Patients can't sue for damages if they don't suffer specific damages. There should be relevant evidence proving the doctor's actions or inactions were substandard to prove your damages. In Alabama, you may be eligible to receive compensation for damages such as physical pain, medical bills, lost income, and mental anguish.
Who Can Be Held Liable in a Medical Malpractice Case?
Under Alabama law, you have the right to sue various parties in your medical malpractice case. You can sue medical professionals or institutions responsible for medical negligence. Most patients often think that physicians are always to blame for their misfortunes. This is far from the truth. Other parties can be held liable for medical malpractice cases, including:
Doctors
Doctors have lots of responsibilities in the medical field. This presents a huge opportunity for them to make errors while on the job. A doctor may misdiagnosis an illness, fail to diagnose a severe complication, or prescribe painful treatments such as chemotherapy for conditions one never had.
Doctors may also disregard ordering required diagnostic tests, misinterpret test results, or fail to follow up on test results. Physicians may also be held accountable for the actions of other medical professionals, such as nurses.
Hospitals
There are instances when medical institutions can be held accountable for their negligent actions. For instance, an unhygienic operating room or other hazardous conditions can result in severe complications. Still, it's the responsibility of hospital administrators to hire qualified medical professionals. All hospitals must ensure their healthcare providers are licensed and competent.
Hospitals should get rid of incompetent staff immediately. You can sue a hospital that fails to fire incompetent staff. Hospitals also have to make sure their facilities aren't understaffed. Medical institutions should always have adequate healthcare providers on site.
Pharmaceutical Companies
Drugs that pharmaceutical companies produce shouldn't harm or cause adverse reactions to patients. If a company fails to warn patients and doctors about their drugs' risks and side effects, they can be held liable for medical malpractice. All pharmaceutical companies should inform the public about the dangers of using their medications. They should also manufacture reasonably safe drugs.
Pharmaceutical companies should conduct extensive studies and research on the side effects of their medications before listing them on the US market. An experienced Montgomery medical malpractice lawyer can help you build a strong product liability claim against a negligent pharmaceutical company.
Other Healthcare Professionals
There are many other healthcare professionals who may be responsible for your injuries. Medical professionals such as nurses, therapists, paramedics, anesthesiologists, EMTs, radiologists, pharmacists, and dentists can be liable for your damages.
If you've suffered injuries and damages due to medical malpractice, Mike Bell Accident & Injury Lawyers can help you determine the responsible parties. We will conduct a thorough investigation into your claim to unearth at-fault parties. If there are multiple liable parties, we will file a medical malpractice case against all involved parties.
We will look at the specifics of your medical negligence case and advise you if you have a case. Get in touch with us today to speak to an experienced medical malpractice attorney in Montgomery regarding your case.
What Damages Can I Get From An Alabama Medical Malpractice Claim?
If you've suffered injuries due to the medical negligence of a healthcare provider, you deserve compensation. Every resident of Montgomery County deserves quality medical care. No healthcare provider should jeopardize your health by providing substandard medical treatment.
The state of Alabama had a $400,000 cap for medical malpractice claims. This cap was found unconstitutional by the Alabama Supreme Court. There are no caps for compensatory damages in Alabama.
At Mike Bell Accident & Injury Lawyers, our reliable legal team can help you recover these damages in an Alabama medical malpractice claim:
Economic Damages
Also known as special damages, these damages reimburse financial expenses that a victim incurs due to medical negligence. They mainly cover costs associated with treatment or therapy to manage the victim's condition or injuries. These damages may also cover lost wages, lost earning capacity, and property damage. Medical bills and receipts can support these damages.
Non-Economic Damages
Also known as general damages, these damages aren't easily quantifiable. They include pain and suffering, emotional distress, inconvenience, lower quality of life, and physical impairment.
Punitive Damages
These aren't compensatory damages. They are awarded if the at-fault party acted with “conscious or deliberate malice.” These damages aim to deter the defendant from committing similar actions in the future.
What is Alabama's Statute of Limitations for Medical Malpractice Claims?
In Alabama, there is a time limit for filing medical malpractice claims. You have two years from the date of your injury to file a claim. If you don't immediately discover your injury, you have six months from the date of discovery to file a claim.
How Can a Montgomery Lawyer Help with Your Medical Malpractice Claim?
At Mike Bell Accident & Injury Lawyers, our legal team can help you with all aspects of your medical malpractice case. Hiring an experienced Montgomery medical malpractice attorney can help you build a watertight case. Here are some of the benefits of hiring our legal team:
Investigation
Our legal team will conduct an independent investigation to unearth what happened. We will gather and analyze all relevant evidence in your claim. This may include medical records, prescriptions, and diagnostic results to establish liability.
Documentation
Many documents need to be prepared, read, reviewed and responded to in a medical malpractice case. Our lawyers will handle this endless paperwork for you. We will also make sure we file your claim on time.
Settlement Negotiation
Once we find out the value of your claim, our lawyers will file a demand letter and start negotiations. We will push for the best settlement for your claim. Our lawyers will come up with effective strategies and arguments to help you secure maximum compensation.
Representation in Court
If settlement negotiations don't work out, we will file a medical malpractice lawsuit. Mike Bell Accident & Injury Lawyers isn't afraid to go after big medical institutions and pharmaceutical companies. Our legal team will conduct an extensive investigation to prepare for your trial. We will not rest until all liable parties are brought to book.
How Much Will It Cost to Hire a Medical Malpractice Lawyer?
Our reputable law firm in Montgomery, Alabama, doesn't charge any upfront fees. We operate on a contingency fee basis. This ensures you get the best legal services in Montgomery without worrying about attorney fees. You will only pay us once we win your case.
Speak to a Montgomery Medical Malpractice Lawyer Today
If you or your loved one has suffered injuries due to medical negligence, you have the right to seek compensation. Such injuries shouldn't be taken lightly since they may have long-lasting impacts. All liable parties responsible for your injuries and damages should be held accountable for their actions.
A medical malpractice claim isn't something you should pursue by yourself. You require the legal expertise of an experienced law firm by your side. Mike Bell Accident & Injury Lawyers can help you establish liability and push for maximum compensation for your damages.
Contact our personal injury law firm at 334-666-5000 for a free case review. Our lawyers are ready to guide you throughout the claims process. Get in touch with us today to understand your legal options.
