Birmingham Medical Malpractice Attorney
Medical malpractice attorneys serving Central Alabama – Birmingham and Montgomery
Hiring a Medical Malpractice Attorney
Medical errors have become widespread in the U.S. A recent Johns Hopkins study shows that medical errors are the third-leading cause of death in this country, only surpassed by heart disease and cancer.
When an injury results from medical malpractice, our medical malpractice attorneys may be able to file a lawsuit against the doctor, nurse, hospital, or healthcare provider who was negligent in causing the injury. Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical community , putting the patient at risk of injury and death. In general, if a healthcare provider fails to act where others with similar training would have, they may be liable for any resulting injuries and other losses.
Have you or a loved one been injured by the negligence of a doctor, nurse, or healthcare professional?
Time is of the essence. If you have been injured, or your loved one has died as the result of another’s careless conduct, don’t wait, contact us today for a complimentary case review.
What is considered Medical Malpractice
When someone is injured due to the negligence of a medical professional, they may be entitled to file a lawsuit. The plaintiff must prove the following in a successful medical malpractice lawsuit:
Patient/Doctor Relationship – Individuals filing medical malpractice lawsuits must be able to prove they had a physician-patient relationship with the doctor. The patient must hire the doctor and the doctor must have agreed to work for the patient. Medical practitioners can only be sued for acts of malpractice committed within the scope of employment.
Duty of Care – Physicians are required to perform their duties consistent with the medical community’s accepted standards. Doctors and other medical professionals have a legal obligation to their patients to act in the same manner that another practitioner in the same field and situation would.
Breach of Duty – For medical practitioners to be considered negligent, they must have violated the duty of care they owed to their patients. For the duty of care to have been broken, the doctor must have failed to act how another medical practitioner would have acted in a similar situation.
Causation – In addition to negligence, patients must also prove causation to have a valid claim. Injured patients must prove that the medical practitioner’s breach of duty was the proximate cause of their injury. Through documents, further medical treatments, and affidavits from other healthcare providers, patients must be able to show a causal relationship between the doctor’s negligence and their injury.
Damages – The injury caused by the healthcare provider’s negligence must have caused either economic or non-economic damages. This means that medical professionals cannot be held liable unless the injured patient incurred additional medical bills, lost wages or damage to their future earning capacity, or pain and suffering.
An example of medical malpractice
If you go to a hospital complaining of abdominal pain, you will be examined and questioned by a physician. This physician will then make a determination on the proper course of treatment. At this point, you have established a patient/doctor relationship.
As a physician, he automatically has a duty of care to his patients—which includes you. If the physician determines you need surgery to remove your appendix, he has a duty to perform this surgery as any other reasonable surgeon would under the same circumstances.
A breach of duty is a negligent act or omission, which could include removing the wrong organ, causing excessive damage to the body in the surgical site, or leaving a tool in your body after surgery.
If you sustain an injury during or after surgery, you must prove that the breach (negligent act) was the direct cause of the injury that resulted in compensable damages.
Why Choose a Goldasich & Associates Attorney?
The lawyer you hire can make a big difference in your medical malpractice claim. At Goldasich & Associates, we are recognized as a leader in medical malpractice litigation and have a proven track record of routinely obtaining multi-million dollar settlements and verdicts to back it up.
Our firm prides itself on the results we have achieved for clients who have been harmed by medical malpractice. Representing victims of these breaches of trust requires experience with medical malpractice litigation and significant resources.
Goldasich & Associates has obtained significant verdicts and settlements on behalf of those who have suffered injuries due to medical malpractice, including but not limited to:
Surgical errors, like leaving foreign objects in the body and untreated post surgical infections
Emergency room misdiagnosis, errors or triage mistakes
Hospital errors, like incorrect prescriptions and medication overdoses
Traumatic brain injuries
Birth injuries and birth defects
Delays or failures to diagnose or treat health conditions
Spinal cord injuries
Failure to read or interpret X-rays, MRI’s, CT scans and test results correctly
Performance of unnecessary medical procedures
Orthopedic implant malfunctions or defects
Mesh implant malfunctions or defects
Injuries caused by pharmaceuticals
Our Medical Malpractice Attorneys Get Results
We believe that every case is an important one and that every client deserves personal attention, compassion and an attorney who will fight for your rights. If you or a loved one have been the victim of medical malpractice or medical negligence, do not hesitate to get the involvement of a medical malpractice attorney from our firm. Contact us today.
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