Birmingham Medical Malpractice Attorney
We rely on doctors to heal our broken bones and provide medication and other treatment for our illnesses. While many doctors are amazing professionals who always perform at high standards, sometimes they can be negligent. Doctors are often busy and overburdened, making mistakes likely to occur. While many mistakes are minor, some can be serious and even deadly.
This type of negligence is called medical malpractice. Medical malpractice can occur in a variety of ways and cause lasting harm. If you have been a victim, seek legal help from a Birmingham medical malpractice attorney.
Elements of Medical Malpractice
If you believe you have a medical malpractice case against your doctor, you must prove negligence through these four elements:
- The doctor owed the patient a duty of care.
- The doctor breached the duty.
- The patient suffered an injury due to the breach.
- The breach resulted in damages.
Types of Medical Malpractice
Medical malpractice stems from negligence. Many common negligence issues include the following:
- Misdiagnosis or delayed diagnosis. Approximately one-third of medical malpractice cases involve diagnosis errors. Diagnosis issues can mean that a patient doesn’t receive timely treatment, causing their condition to worsen.
- Failure to treat. This occurs when the doctor fails to appropriately treat the patient. This may include not ordering the right tests or medications or releasing a patient too soon from the hospital.
- Prescription drug errors. Medication errors can cause harm and worsen a patient’s condition. A mistake can occur by prescribing the wrong dose or the wrong medication altogether.
- Surgical or procedural errors. Surgeries are major procedures, and one mistake can cause irreparable harm. Some common errors include performing surgery on the wrong body part, leaving items inside the patient’s body, and anesthesia errors.
- Childbirth injuries. While having a baby can be an exciting time, a lot can go wrong during labor and delivery. If a doctor fails to identify fetal distress or perform a C-section, the baby could suffer harm. Improper use of forceps, vacuum, and other tools can also lead to injuries.
It’s important to understand that a bad outcome is not necessarily medical malpractice. For example, if a patient’s condition worsens or is considered untreatable, it’s not the doctor’s fault. Some diseases, like cancer, are not curable, so if the patient dies, the doctor cannot be held liable.
The same goes for cosmetic procedures. Just because you don’t like your new nose job doesn’t mean you can sue your doctor for medical malpractice. There needs to be negligence involved, and it must be proven that your doctor did not meet the standard of care.
Contact a Birmingham Medical Malpractice Lawyer Today
Medical malpractice happens more often than you think. It is a major cause of injuries and death in the United States. If you or a loved one was a victim, seek legal help.
The Birmingham medical malpractice attorneys at Goldasich, Vick & Fulk can help with these complex cases. Let our team aggressively fight your case. Schedule a consultation by calling (205) 731-2566.