Medical Malpractice Lawyer in Birmingham
For most of us, medical operations are scary. For others, even the prospect of going to the doctor for a regular check-up can be terrifying. While we might face some fear when dealing with our medical well-being, we feel we can always trust medical professionals. After all, they went through years of schooling and training in order to be licensed to practice. It can’t reasonably be possible for health workers to commit a medical error, right?
Unfortunately, our medical system has plenty of flaws. As long as humans are the ones doing the medical work, the standard of care to each patient will always vary with human error. Always do your research before agreeing to be seen by any medical professional or interacting with a medical device, but if you do find yourself injured or harmed by what you had assumed to be a quality medical practice, seek the help of a medical malpractice lawyer in Birmingham. There are lots of options for a person in your position, and we can certainly help.
Do I Have a Medical Malpractice Case?
First of all, in order to understand if you have a malpractice case, you must understand what types of injuries or mistakes malpractice includes. Some of the most common types of medical malpractice are misdiagnoses, administering the wrong medication or the wrong amount of medication, and leaving things inside the patient’s body after surgery. Though there are many other forms medical malpractice can take, essentially, you must prove that the injury, whatever it is, was caused by negligence. This is to protect doctors against unhappy patients or their families whose procedures did not achieve the desired outcome.
Secondly, you need to prove that you had a doctor-patient relationship with the person you’re filing the medical malpractice claim against. In other words, you cannot bring a case against a friend who happens to be a doctor who informally talks to you about your medical conditions.
Thirdly and finally, you need to prove that the medical negligence directly caused your injuries, and that, by sustaining those injuries, you have incurred particular damages. Usually, this is fairly simple with medical malpractice, as even the smallest medical mistake can have major consequences. Still, in order to put together an effective case, you need to hire a medical malpractice lawyer to professionally evaluate the situation and see what damage compensation you’re entitled to.
Why Are Medical Malpractice Cases So Difficult in Alabama?
In Birmingham, Alabama, most cases involving medical malpractice are decided in favor of medical care providers. Under the high burden of proof in Alabama, it can be exceedingly difficult to prove a medical malpractice case to where a medical company or court of law would see things the way the patient does. On top of this, gaining evidence in medical malpractice cases can be expensive, adding a barrier to entry for most people. These considerations are only even relevant if the statute of limitations, two years, hasn’t yet been reached. The best chance you have of getting medical malpractice compensation is to hire personal injury lawyers in your practice areas from Wettermark Keith.
What Is Informed Consent?
If you were injured in a procedure but the doctor claims that you signed off on the potential of injury, you may need to claim a lack of informed consent. Before operating or performing any medical care, doctors are required to obtain your informed consent, a document stating that you understand the benefits and dangers that you are undertaking by agreeing to a certain course of medical treatment.
By informing you properly, a medical professional should be allowing you to make a choice over whether or not to pursue the recommended course of health care. It is your right in these cases to be able to decline, but if you were not previously informed of the details of the treatment, you were not able to make the decision in full knowledge of the benefits and drawbacks.
If you do not believe you were properly informed by your doctor before taking on treatment, please contact us today. We will need to help walk you through the process of claiming medical malpractice through lack of informed consent.
Wettermark Keith: Medical Malpractice Lawyer in Birmingham
Medical malpractice should be dealt with by filing a claim or lawsuit if needed. The trust that we place in medical professionals should be upheld, and when the trust is betrayed, we must take action, both to protect others in the future and to protect yourself and your family in the present. Call our law firm today to get set up with our top medical malpractice lawyer in Birmingham. We’ve worked with cases like yours before, and we would be honored to work with you, as well.