The relationship between a physician and a patient is unique. You trust your doctor with intimate details that perhaps even your spouse does not know. Therefore, it can be devastating when your doctor’s carelessness or lack of skill causes you harm.
If you suffered an injury or developed a medical condition because of a medical professional’s negligence, you have a right to seek compensation for your losses. A Phenix City medical malpractice lawyer understands this complicated area of law. An experienced personal injury attorney at Bence Law Firm LLC could review your case and help you get justice for the harm a doctor or nurse caused you.
Any Medical Error That Caused Harm Could Support a Malpractice Lawsuit
A claimant in a medical malpractice lawsuit must show that the medical professional’s error caused them significant harm. An error that did not have a lasting impact would not likely qualify as malpractice under the law.
Medical errors that cause lingering damage could happen in many ways. A Phenix City medical malpractice attorney represents patients who suffered harm or injuries due to:
- Medication errors
- Unnecessary surgery
- Failure to obtain informed consent
- Anesthesia errors
- Negligent prenatal care
- Improper delivery techniques
- Failure to diagnose a serious condition
- Surgical errors
It is critical for patients who suspect a doctor or caregiver’s error caused their symptoms to investigate immediately. Patients have two years to bring a lawsuit seeking damages for medical malpractice.
If the cause of the symptoms is not clear, they can file up to six months after they discovered or should have discovered the malpractice. However, if more than four years have passed since the patient last sought care from the medical professional whose error is at issue, the patient cannot bring a lawsuit for malpractice.
Malpractice Deviates from the Standard of Care
Medicine is not engineering, and medical professionals cannot know with certainty that a particular intervention or treatment will be successful. People’s bodies respond differently to disease and treatment. An unfavorable outcome is not necessarily the result of poor healthcare.
Medical professionals must adhere to an appropriate standard of care. A healthcare provider must apply the same degree of knowledge, skill, and judgment that other similarly trained medical professionals in the area possess.
Before a Phenix City malpractice attorney files a lawsuit alleging medical negligence, they must conduct a thorough review of the patient’s medical records. The Code of Alabama §6-5-551 requires that any lawsuit alleging medical malpractice present details of the medical provider’s failure to meet the standard of care, including the date, place, and time of each failure. A proactive legal professional like David Bence could consult a medical expert to identify all the acts and omissions that did not conform to the standard.
Damages in a Medical Malpractice Case
If a patient can prove that a healthcare provider’s failure to meet the standard of care resulted in an injury, they are entitled to a financial award. Compensatory damages may include:
- The cost of injury-related medical care
- Lost income
- Future care
- Diminished earning capacity
- Other documentable costs associated with the harm the malpractice caused
A patient also could receive compensation for the subjective effects of the malpractice, such as:
- Emotional distress
- Similar impacts
One limit on a patient’s recoverable damages is the state’s reliance on the concept of contributory negligence. This doctrine denies compensation to a person whose negligence contributed to their injury. A medical professional’s defense attorney might assert that a patient’s failure to adhere exactly to a treatment plan was the cause of their injury and that a court should deny them financial awards. A medical malpractice lawyer in Phenix City could counter with evidence that even if the patient was not 100 percent compliant, their non-compliance had no bearing on their injury.
Call a Phenix City Medical Malpractice Attorney as Soon as Possible
If a nurse or doctor injured you through incompetence or carelessness, you could be facing unnecessary, preventable pain, disability, or even a shortened life expectancy. You should not have to endure such harm without compensation.
A Phenix City medical malpractice lawyer has the skill to hold a negligent medical professional accountable. The time to act is short, so reach out to a local legal professional at Bence Law Firm LLC today.