What Is Medical Malpractice?
Medical malpractice is when a doctor, nurse, or hospital makes a serious mistake that hurts a patient. These aren’t just small errors or accidents – medical malpractice happens when healthcare providers don’t do their job the way they should, and someone gets hurt because of it.
Think of it like this: when you go to the doctor, you expect them to help you get better, not worse! Doctors have special training and are expected to follow certain rules when they take care of patients. When they don’t follow these rules and someone gets hurt, that could be medical malpractice.
In Alabama, if a doctor or hospital makes a harmful mistake, patients or their families have the right to seek help through the legal system. This doesn’t mean that every time something goes wrong with medical treatment it’s malpractice – sometimes treatments just don’t work, even when doctors do everything right.
Common Types of Medical Malpractice
Medical malpractice can happen in many different ways. Here are some examples that might help you understand:
Medication Errors: A doctor might prescribe the wrong medicine, or a nurse might give too much or too little of a medication. For example, if a doctor prescribes a medicine that you’re allergic to (even though your allergy is written in your medical records), and you have a serious reaction, that could be malpractice.
Surgical Mistakes: Sometimes surgeons make errors during operations. They might operate on the wrong body part, leave surgical tools inside a patient, or make other serious mistakes that cause harm.
Missed Diagnosis: If a doctor doesn’t recognize the signs of a serious illness like cancer when they should have, and this delay in diagnosis causes the illness to get worse, that might be considered malpractice.
Birth Injuries: Sometimes babies are injured during birth because of a doctor’s mistake. These injuries can sometimes affect a child for their entire life.
Remember, not all bad medical outcomes are due to malpractice. Sometimes treatments have risks, and sometimes illnesses are just very difficult to treat, even when doctors do everything right.
How Do You Know If It’s Medical Malpractice?
It can be hard to tell if what happened to you or a family member counts as medical malpractice. Here are some signs that might mean you should talk to a lawyer:
- Something went very wrong: If your treatment had a result that was much worse than expected, and your doctor seems surprised or can’t explain why.
- Your doctor won’t answer your questions: If your healthcare provider avoids talking about what happened or won’t explain things clearly.
- Other doctors seem concerned: If you get a second opinion and the new doctor seems shocked or concerned about the treatment you received.
- You weren’t warned about risks: Doctors are supposed to tell you about possible risks before treatments. If something bad happened and you were never warned it could happen, that might be a problem.
It’s important to understand that just because a treatment didn’t work or you didn’t get better doesn’t automatically mean there was malpractice. Medicine isn’t perfect, and sometimes even the best doctors can’t fix every problem.
If you think you might have experienced medical malpractice in Alabama, attorneys like Michael Strickland and Ed Kendall at Strickland & Kendall can help figure out if you have a case. They have over 50 years of combined experience helping people who have been hurt by medical mistakes.
What Happens in a Medical Malpractice Case?
If you think you’ve experienced medical malpractice, there are several steps that usually happen in Alabama:
First, you’ll need to talk to a lawyer who specializes in medical malpractice, like the attorneys at Strickland & Kendall. They’ll listen to your story and help figure out if you might have a case. This consultation is usually free, so you don’t have to worry about paying just to find out if you have a case.
If the lawyer thinks you might have a case, they’ll collect your medical records and have them reviewed by medical experts. These experts are usually doctors who can tell if your healthcare provider made a serious mistake.
In Alabama, you generally have two years from when the mistake happened to file a lawsuit. This is called the “statute of limitations,” which is just a fancy way of saying “deadline.” This is why it’s important to talk to a lawyer as soon as you think something might be wrong.
What Can You Get Help With?
If you win a medical malpractice case, you might receive money to help with:
Medical Bills: Money to pay for the extra treatment you needed because of the mistake, including any future medical care you might need.
Lost Wages: Money to replace income you lost if you couldn’t work because of what happened.
Pain and Suffering: Money to compensate for physical pain and emotional distress caused by the medical mistake.
Disability Costs: If the mistake left you or a loved one permanently disabled, you might receive money to help with special equipment, home modifications, or long-term care.
The goal isn’t to punish doctors but to help patients and families who are struggling because of a serious medical error. Many families face huge medical bills and other challenges after medical malpractice, and the law is designed to help them get back on their feet.
Examples of Real Medical Malpractice Cases
Sometimes it helps to hear about real examples to understand medical malpractice better:
Wrong Medication Case: A patient in Alabama was given ten times the correct dose of a heart medication because a nurse misread the doctor’s handwriting. The patient suffered a heart attack as a result. The hospital was found responsible because they didn’t have proper systems to double-check medication doses.
Surgical Error Case: A surgeon in Montgomery left a small surgical sponge inside a patient after gallbladder surgery. The patient developed a serious infection and needed another surgery to remove the sponge. The court decided this was clearly malpractice because counting all surgical items before closing an incision is a basic safety rule.
Delayed Diagnosis Case: A doctor ignored a patient’s complaints about a growing mole that turned out to be skin cancer. By the time another doctor diagnosed the cancer, it had spread to other parts of the body. The first doctor was found negligent for not following standard procedures for checking suspicious skin growths.
These examples show that medical malpractice cases aren’t about simple mistakes or unhappy patients – they involve serious errors that cause real harm and could have been prevented if proper care had been provided.
I’ll continue with the final three sections of the medical malpractice blog post:
Understanding Medical Malpractice: When Doctors Make Mistakes (continued)
When Should You Talk to a Lawyer?
If you think you or a family member has been hurt by a medical mistake, it’s a good idea to talk to a lawyer as soon as possible. Here’s why timing matters:
First, Alabama has strict time limits for filing medical malpractice cases. Generally, you have only two years from when the mistake happened to take legal action. If you wait too long, you might lose your chance to get help, even if the mistake was very serious.
Second, evidence is easier to collect when events are recent. Medical records might be easier to find, and witnesses (like nurses or other hospital staff) are more likely to remember what happened.
Finally, if you’re dealing with medical problems caused by malpractice, you might need financial help sooner rather than later. Medical bills can pile up quickly, especially if you need extra treatment to fix a doctor’s mistake.
At Strickland & Kendall, attorneys like Michael Strickland and Ed Kendall offer free consultations to help you understand if you might have a case. You can call them at (334) 269-3230 to discuss your situation without any cost or obligation.
How a Medical Malpractice Lawyer Helps
A lawyer who specializes in medical malpractice does much more than just file paperwork. Here’s how they can help:
They work with medical experts to understand exactly what went wrong with your treatment. These experts can explain whether your doctor’s actions met the standard of care (the level of care that any reasonable doctor would provide in the same situation).
They handle all communications with insurance companies and hospital lawyers. These companies often have teams of lawyers whose job is to pay as little as possible for claims. Having your own lawyer levels the playing field.
They calculate the full cost of the mistake. This includes not just current medical bills, but also future medical care you might need, lost wages if you can’t work, and compensation for pain and suffering.
Most importantly, a good lawyer takes the stress off your shoulders so you can focus on healing. Dealing with a medical mistake is hard enough without having to navigate the legal system on your own.
How to Protect Yourself From Medical Mistakes
While not all medical mistakes can be prevented, there are things you can do to reduce your risk:
Ask questions: Don’t be afraid to ask your doctor to explain things. If you don’t understand something about your treatment, ask until you do. Good doctors want their patients to be informed.
Bring a friend or family member: Having someone else at important medical appointments means there’s another person listening and remembering what the doctor says.
Keep records: Write down your symptoms, medications, and questions before appointments. Keep a list of all medications you take, including over-the-counter drugs and supplements.
Get a second opinion: For serious diagnoses or before major surgeries, consider getting another doctor’s opinion. This is a normal thing to do, and good doctors won’t be offended.
Speak up: If something doesn’t seem right, say so. You know your body better than anyone else, and your observations are important.
Remember, most healthcare providers are caring professionals who want to help their patients. Medical malpractice is rare compared to the millions of successful treatments that happen every day. But when serious mistakes do happen, it’s important to know that help is available through experienced attorneys like those at Strickland & Kendall.
Final Thoughts
Medical malpractice cases can be complicated, but they serve an important purpose. They help patients who have been harmed by serious medical mistakes get the support they need. They also help improve healthcare by holding medical providers accountable when they don’t follow proper safety procedures.
If you believe you or someone you love has experienced medical malpractice, remember that you’re not alone. Experienced lawyers like Michael Strickland and Ed Kendall understand what you’re going through and can guide you through the process of seeking justice and compensation.
Medical malpractice isn’t about blaming doctors for honest mistakes or unfortunate outcomes. It’s about addressing serious errors that shouldn’t have happened and helping patients recover from the physical, emotional, and financial harm these errors cause.
At Strickland & Kendall, the team has over 50 years of combined experience helping Alabama families affected by medical mistakes. They understand the complex laws surrounding medical malpractice in our state and can help you determine if what happened to you or your loved one qualifies as malpractice.
Remember, a consultation with their office is free, so you have nothing to lose by reaching out to discuss your situation. You can contact them at (334) 269-3230 to speak with an experienced attorney about your case.
No one expects to be the victim of medical malpractice, but if it happens, knowing your rights and options can make a difficult situation a little easier to handle. With the right legal support, you can focus on healing while professionals work to get you the help you deserve.