When to Seek Legal Help for Medical Malpractice
When you entrust your health and well-being to a medical professional, it's natural to expect to receive competent and compassionate care. Unfortunately, this trust is sometimes broken when medical negligence causes harm. Medical malpractice cases can be complicated and involve significant legal, medical, and procedural details. Therefore, it's important to recognize when to seek legal help to pursue justice for yourself or a loved one.
At Whit A. Thomas, Attorney at Law, we have been helping victims of medical malpractice throughout Alabama for decades. If you suspect medical malpractice, our attorney can help you understand what qualifies as negligence, the steps involved in building a case, and how experienced legal representation can make a considerable difference.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider breaches their duty of care, resulting in harm to the patient. However, not every unfavorable medical outcome constitutes malpractice. Medical treatment always carries some risk, and even the best physicians cannot guarantee results. Instead, medical malpractice involves negligence or errors that violate the acceptable standard of care.
The “standard of care” refers to the level of caution and competence that a reasonably skilled healthcare provider would exercise in similar circumstances. When a doctor, nurse, or other provider fails to meet this standard, whether by acting carelessly or failing to act appropriately, they may be held liable for any harm caused.
Common Examples of Medical Malpractice
While no two cases are alike, there are certain types of negligence that occur more frequently in medical malpractice claims. Some common examples include the following:
Misdiagnosis or delayed diagnosis: Failure to diagnose a condition or diagnosing it too late can delay critical treatment, worsening the patient’s health.
Surgical errors: Mistakes such as operating on the wrong body part, leaving surgical tools inside the patient, or performing the wrong procedure can cause significant harm.
Medication errors: Administering the wrong medication, prescribing the incorrect dosage, or failing to identify harmful drug interactions can lead to serious, or even fatal, outcomes.
Birth injuries: Errors during pregnancy, labor, or delivery can cause lifelong harm to both mothers and babies, such as nerve damage, brain injury, or severe infections.
Failure to obtain informed consent: Patients have the right to decide whether to undergo specific treatments. Failure to explain the risks, benefits, and alternatives may violate this right and lead to malpractice claims.
Other examples can range from anesthesia errors to neglect in nursing home facilities, all of which can have life-altering consequences for victims and their families. If you or someone you know has been a victim of medical malpractice in Alabama, reach out to an experienced personal injury attorney as soon as possible.
When Should You Seek Legal Help?
Recognizing the signs of medical malpractice is the first step, but how do you know when it’s time to involve an attorney? Generally, we recommend contacting a medical malpractice lawyer if you've experienced any of the following circumstances:
You suspect negligence: If you suffered medical complications that seem tied to an avoidable error, it’s worth consulting an attorney. Sometimes, healthcare providers won’t disclose the full scope of what went wrong, which can leave patients uncertain about the cause of their suffering.
A serious or permanent injury occurred: Injuries that result in chronic pain, disability, or other major health challenges may indicate that malpractice occurred. These types of injuries often lead to significant medical expenses, reduced quality of life, and emotional distress, making it essential to explore compensation options.
Mounting medical bills: Even if your injuries seem minor, the financial strain of unexpected treatments, follow-ups, or hospital stays may be overwhelming. A malpractice attorney can evaluate whether you have a claim for damages.
You lost a loved one: Losing a loved one due to medical negligence is devastating. Alabama law allows families to pursue legal action when wrongful death occurs due to medical malpractice.
Alabama's Statute of Limitations
Time is another critical factor in deciding when to act. Alabama has a strict statute of limitations for medical malpractice claims. Generally, you must file a claim within two years of the date the malpractice occurred.
If the injury was not immediately discovered, you may have six months from the date the injury was detected to file a claim, provided this falls within four years of the malpractice. Missing this deadline will likely prevent you from recovering damages, so it’s imperative to reach out as soon as you suspect wrongdoing.
Steps to Take If You Suspect Medical Malpractice
If you believe you or a loved one has suffered due to medical malpractice, it's important to act quickly and strategically. While you may need to take additional steps depending on the circumstances of your situation, you should generally take the following steps.
Get a second opinion: Seek a qualified medical professional for an independent opinion about your condition or treatment. Their insights can provide clarity about whether an error occurred.
Obtain medical records: Your medical records are a vital piece of evidence. Request copies of all relevant documents as soon as possible.
Document everything: Keep a detailed record of your experiences, including symptoms, treatments, conversations with healthcare providers, and other related details. If applicable, take photographs of visible injuries.
Contact an attorney: Reaching out to a qualified medical malpractice attorney early in the process can greatly improve your chances of success. We will guide you through every step and protect your interests.
Avoid discussing your case with third parties: Any information you share with insurance adjusters, healthcare staff, or others can potentially be used against you. Direct all inquiries to your legal representation.
How an Attorney Can Help
Pursuing a medical malpractice claim without legal representation is challenging. These cases often involve insurance companies, hospital administrators, and legal teams who aim to minimize or deny liability.
By working with an experienced attorney, you even the playing field and gain access to resources that can strengthen your claim. Some of the ways legal representation can help include the following:
Conduct a thorough investigation: A lawyer can gather and review medical records, interview witnesses, and consult medical experts who can provide insights into whether negligence occurred.
Determine the value of your claim: Medical malpractice claims often include damages for numerous losses, such as medical bills, lost wages, pain and suffering, and even punitive damages in cases of extreme negligence. An attorney can make sure no aspect of your claim is overlooked.
Meet procedural requirements: Alabama law requires you to prove your case by a preponderance of the evidence, which typically includes testimony from expert medical witnesses. An attorney can make sure every procedural requirement is handled properly, from filing paperwork to identifying credible experts.
Negotiate with insurance companies: Insurance companies rarely offer fair settlements upfront. A skilled attorney will advocate for your rights and negotiate on your behalf to secure fair compensation.
Provide peace of mind: Knowing a legal professional is fighting for your rights allows you to focus on what matters most: healing and recovery.
Contact Whit A. Thomas, Attorney at Law Today
Medical malpractice cases are nothing short of life-changing for victims and their families. For over four decades, our attorney Whit A. Thomas has been committed to holding negligent parties accountable and helping Alabama residents secure the compensation they deserve.
Located in Foley, Alabama, Whit A. Thomas, Attorney at Law, proudly represents clients throughout Baldwin County, Mobile County, Escambia County, and Monroe County. If you suspect medical negligence has occurred, contact us today to schedule a free consultation.