What Qualifies as Medical Negligence in Alabama?

In Alabama, medical negligence occurs when a healthcare provider fails to meet the minimum standard of care, and that failure causes injury or death.

While not every poor medical outcome results from negligence, healthcare providers can make harmful mistakes. If you have been the victim of one, you are probably wondering whether you can hold your provider accountable for negligence.

If you were harmed as a result of substandard medical care, you have the right to take legal action. Our medical malpractice lawyers can collect evidence that supports your case and fight for the compensation you are entitled to.

What Counts as Medical Negligence in Alabama?

Medical negligence occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, and that failure causes injury or worsens a patient’s condition.

The “standard of care” generally refers to the level of skill, care, and treatment that a reasonably competent healthcare provider with similar training would have provided under similar circumstances.

Common Examples of Medical Negligence

Medical negligence can happen in nearly every healthcare setting, from hospitals and emergency rooms to doctors’ offices and outpatient clinics.

Common examples include:

• Misdiagnosis: A healthcare provider diagnoses the wrong condition, which may delay proper treatment and allow the patient’s actual illness to worsen.
• Failure to diagnose: A provider overlooks a serious medical condition despite symptoms or test results that should have led to the correct diagnosis.
• Delayed diagnosis: A provider does not identify a medical condition in a timely manner, reducing the patient’s treatment options or worsening their prognosis.
• Surgical mistakes: A surgeon or surgical team performs the wrong procedure, operates on the wrong body part, leaves surgical instruments inside the patient, or makes another preventable surgical error.
• Medication errors: A doctor, nurse, or pharmacist prescribes, administers, or dispenses the wrong medication or dosage.
• Birth injuries: Negligent prenatal care, labor management, or delivery results in preventable injuries to the mother, baby, or both.
• Anesthesia errors: An anesthesia provider administers too much or too little anesthesia, fails to monitor the patient properly, or makes another preventable error before, during, or after surgery.
• Failure to monitor patients: A healthcare provider does not recognize or respond to signs of complications that require immediate medical attention.
• Emergency room mistakes: Emergency department providers fail to recognize a serious condition, delay treatment, or discharge a patient prematurely.
• Failure to obtain informed consent: A provider performs a procedure without adequately explaining its significant risks, potential benefits, or available alternatives, preventing the patient from making an informed decision.

Who Can Be Held Liable for Medical Negligence?

Many people assume only doctors can be sued for medical errors. However, several healthcare providers and organizations may share responsibility, depending on what happened.

Potentially liable parties include:

• Physicians: This includes primary care doctors, specialists, surgeons, radiologists, and other physicians.
• Hospitals: Hospitals may be responsible for negligent employees or unsafe policies.
• Nurses: Errors involving medication administration, monitoring, or patient care can hold nurses liable for resulting harm. 
• Physician assistants and nurse practitioners: Advanced practice providers may be liable for negligent treatment within their scope of practice.
• Anesthesiologists: Errors involving anesthesia administration or monitoring can place liability directly on these specialists.
• Pharmacists: Dispensing the wrong medication or dosage can cause significant harm.
• Laboratories: Diagnostic testing errors may contribute to delayed or incorrect treatment.

How Do You Prove Medical Negligence?

To establish medical negligence in Alabama, you typically must prove the following elements:

• A provider–patient relationship existed: The healthcare professional owed you a duty of care because they agreed to diagnose, treat, or care for you.
• The provider breached the standard of care: The provider acted (or failed to act) in a way that fell below accepted medical standards.
• The breach caused your injury: It is not enough to show that a mistake occurred. The mistake must have directly caused harm that otherwise would not have happened.
• You suffered damages: These may include additional medical expenses, lost income, pain and suffering, disability, or other losses resulting from the negligence.

What Types of Evidence Do You Need?

Medical negligence cases are generally more complicated than other personal injury cases because they require detailed medical evidence.

Evidence that may support your claim includes:

• Complete medical records
• Hospital records
• Diagnostic imaging
• Laboratory results
• Surgical reports
• Medication records
• Expert medical testimony
• Statements from treating physicians
• Witness testimony
• Employment records showing your lost wages
• Documentation of your future medical needs

How Long Do You Have to File a Medical Malpractice Lawsuit in Alabama?

Under Alabama law, you typically have two years from the act or omission that caused the injury to file a medical malpractice lawsuit. However, if the injury could not reasonably be discovered within those initial two years, you have six months from the date the injury was discovered (or should have been discovered) to file a claim.

Regardless of when you discover the injury, you generally cannot file a lawsuit more than four years after the date the medical error occurred.

Failing to file your lawsuit before the applicable statute of limitations expires will likely result in you losing the right to recover compensation, which is why it’s important to get legal assistance as soon as possible.

What Should You Do if You Suspect Medical Negligence?

If you believe a healthcare provider’s mistake caused your injuries, it’s crucial to:

• Seek medical care: Another provider may be able to diagnose and treat the problem.
• Request your medical records: These records will likely serve as key evidence for your claim.
• Save documentation: Save all bills, prescriptions, discharge paperwork, photographs, and correspondence related to your treatment.
• Track your recovery: Maintain a journal describing your symptoms, pain levels, appointments, and how your injuries affect your daily life.
• Avoid communicating with the provider: Do not discuss the incident, admit fault, or directly confront the at-fault doctor or hospital without a lawyer present.
• Speak with a medical malpractice attorney: An attorney can review your situation, consult qualified medical experts, and explain your legal options.

Contact Our Medical Malpractice Attorneys

Medical negligence claims often require an in-depth investigation and consultations with experts. If you need to file one, the medical malpractice attorneys at Wettermark Keith can help you build a strong claim and recover the compensation you need to move forward.

Schedule a free consultation to discuss your case with a lawyer.