Medical malpractice occurs when a health care professional fails to exercise the same level of care, skill, or diligence that is normally exercised by other professionals in the same specialty or school of practice, thereby causing injury or death to a patient. Each year, there are nearly 80,000 people who die as a result of medical errors, and hundreds of thousands more patients suffer permanent, disabling injuries at the hands of medical professionals. Unfortunately, many of these medical errors are avoidable. In Alabama, a medical professional has a duty to adhere to the national standard of care at all times when administering medical treatment to patients. A medical professional’s failure in this regard can lead to legal liability when injuries or death result.
By the same token, there is a common misconception that all undesirable or unexpected outcomes from medical treatment justify the pursuit of medical malpractices cases in court. For multiple reasons, this is not true. First there is a general principle that doctors and other medical providers are not insurers of success, but only that they will adhere to the standard of care in carrying out your treatment. Second, under the Alabama Medical Liability Act (AMLA), it is the injured party’s burden to prove by clear and convincing evidence that the medical professional’s conduct fell below the standard of care, AND that the injury (or death) was caused by that breach of the standard of care. If this burden of proof cannot be met on either issue, then the patient cannot recover on the claim. For instance, if your doctor makes an unreasonable error, but your injury was caused by something other than that error, you cannot recover on the claim. Or, if a doctor makes a mistake that does cause an injury, but that mistake does not violate the standard of care, you cannot recover on the claim.
Another major hurdle that must be overcome in the evaluation of potential medical malpractice cases is one of practical considerations. Medical malpractice cases are extremely expensive to handle and very difficult to win and for this reason, only a handful of attorneys will even consider handling a medical case, regardless of the facts and circumstances. To meet the burden of proof under AMLA as to the defendant’s breach of the standard of care, a Plaintiff must offer expert testimony from a similarly situated medical provider (i.e. one practicing in the same specialty or school of practice as the defendant). Quite often, one or more additional medical experts will be required to establish the “causation” element discussed above. Typically, as the number of defendants and alleged errors increases, the number of experts required to meet the burden of proof increases. The problem with this is that medical experts cost a lot of money. This on top of the numerous other litigation expenses renders many “would be” malpractice cases cost prohibitive. It is common for the out-of-pocket expenses alone to exceed $100,000 in a medical malpractice case, and often times, much more. This does not even take into consideration a single minute of the thousands of hours typically spent by the attorney handling the case. Unfortunately this usually means that unless there is a serious permanent injury, the likelihood that the injured patient will receive compensation in excess of the legal fees and expenses is quite low.
For all of these reasons it is absolutely crucial to have a law firm experienced in medical malpractice cases review and evaluate your case if you feel you have been wrongfully injured by a medical provider.
We handle all types of medical malpractice cases.
Medical malpractice cases arise from a variety of negligent, reckless, and intentional conduct by doctors, nurses, and other medical professionals. The most common forms of medical malpractice include:
Misdiagnosis
Delayed diagnosis
Lack of informed consent
Surgical errors
Emergency room errors
Birth-related trauma
Prescription and medication errors
Nursing errors
Anesthesia errors
If you have been the victim of a medical error in Alabama, you have only two years from the date of the medical error to file a complaint in court for medical malpractice against the medical professional that caused your injuries. If you do not file a lawsuit within this statutorily mandated time frame, you will be forever barred from recovering for your injuries.
A track record of results in medical malpractice cases.
Yance Law Firm has a proven track record of successfully representing victims of medical malpractice. Our attorneys know that proving medical malpractice requires thorough examination of all aspects of the case. Our experienced medical malpractice attorneys have the experience, compassion, and diligence to successfully litigate your malpractice case.
Every client receives the personal attention they deserve.
At Yance Law Firm, we take deliberate steps to limit our case load in order to ensure that each and every client receives the personal attention they deserve. When you hire Yance Law Firm, you can rest assured your case will be handled with the utmost respect, compassion, and professionalism. Our dedicated medical malpractice attorneys will fight vigorously to achieve the best possible outcome in your case. Call Yance Law Firm at (251) 432-8003 to explore your legal options.