Surgical Errors & Alabama Medical Malpractice
Despite the continuing evolution of medicine and surgical techniques, most people still find surgery to be an intimidating endeavor. The strong majority of medical professionals do their best with every procedure, providing care that is commensurate with the prevailing professional standard. However, doctors do make mistakes – even surgeons – and when that happens, it can result in long-term physical and emotional damage to the patient.
Anyone who has been the victim of a surgical mistake understandably has their emotions running high, from anger to fear to sadness. If you have experienced this situation, the Birmingham medical malpractice attorneys at Goldasich, Vick & Fulk may be able to help you recover the compensation you deserve. You do not have to navigate the legal process alone.
Standard Of Care Is Higher For Medical Professionals
At least in Alabama, a ‘surgical error’ is defined as any preventable mistake during surgery that goes beyond the known risks of the procedure. Errors in surgery are usually classed as a type of medical malpractice, and in order for a person to legally establish that medical malpractice has occurred, four things must be shown by the injured patient. Those four criteria are (1) the existence of a duty of care between the defendant medical professional and the injured patient; (2) a breach of that duty of care; (3) tangible harm to the patient; and (4) a showing that there was no other cause of the plaintiff/patient’s injuries.
In a standard negligence case, the duty is simply to exercise ‘ordinary’ care, but when dealing with educated medical professionals, the standard of care is significantly higher. The doctor or other healthcare professional’s conduct must conform to the “prevailing professional standard,” meaning that a similarly situated professional would act in the same way in a similar situation. If it does not, the patient may have a case for malpractice if they can show actual harm has befallen them.
Do I Have A Case?
That said, it is imperative to keep in mind that the mere existence of a mistake – that is, an alleged breach of the duty of care – is not enough to merit a lawsuit by itself. A person must show that they were actually harmed by the error, and this is not always possible, depending on what the specific error was in that situation. The plaintiff is also usually required to establish the standard of care, given that it will vary from place to place and person to person.
If you believe that you have been the victim of a surgical error, it is a good idea to acquire as much evidence as possible – from medical records to your own impressions to consulting with another medical provider, this type of information can help to establish that the defendant’s conduct did not rise to the level of professional care normally required. While Alabama has a short statute of limitations, meaning this type of action must be filed within two years of the incident, never forget that you have the right to be heard.
We Are Ready To Help
Surgical errors are meant to be “never events” for medical professionals – but unfortunately, they do happen from time to time. If you have suffered harm because of a surgical mistake, the Birmingham medical malpractice attorneys at Goldasich, Vick & Fulk are ready to try and help you determine your path forward. Call our office today at (205) 731-2566 to schedule a consultation.
Source:
law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-542/
