While all surgeries involve some level of risk, a surgical error is not the same as a routine or expected complication. A surgical error occurs when a healthcare provider fails to meet the accepted standard of care. Unfortunately, these errors are more common than most people realize, affecting approximately 1 in 15 patients undergoing surgery in hospitals. Learn about common surgical errors, your legal options, and how Wettermark Keith’s medical malpractice attorneys will hold negligent providers accountable.
What is Alabama’s Medical Malpractice Statute of Limitations?
A statute of limitations is a legal deadline that sets the maximum amount of time you have to file a lawsuit after an injury occurs. If you file a claim after the deadline has passed, you’ll likely lose your right to recover compensation for your injuries. In Alabama, the standard statute of limitations for medical malpractice is two years from the date of the surgical error to file your lawsuit. Building a strong case takes time, so don’t wait to contact a medical malpractice attorney at Wettermark Keith in Huntsville, Birmingham, Montgomery, and Dothan, Alabama, because it’s important we start working on your case right away.
Exceptions to Alabama’s Medical Malpractice Statute of Limitations
While Alabama’s two year medical malpractice statute of limitations applies to most cases, surgical errors aren’t always straightforward. Sometimes patients do not realize a surgical error occurred until months or even years later. Examples of this include retained surgical items or internal damages. Alabama law provides a few specific exceptions to the standard statute of limitations to account for these situations. The exceptions include a 6-month extension from when the injury is discovered, or should have been discovered, and a 4-year cap where you usually cannot file after this, even if you didn’t discover the error sooner.
Surgery Errors Involving Minors
Children who suffer injuries from surgical malpractice have different legal timelines. For children under the age of four, the law allows additional time, permitting a claim to be filed up until the child’s eighth birthday.
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Why Time Is Critical in Alabama Medical Malpractice Cases
Medical malpractice cases are usually complex, often requiring in-depth investigations, expert testimony, and a thorough review of your medical history. The longer you wait to file a claim, the higher the risk of losing critical evidence that could support your claim. Memories fade and hospital staff turnover can make it difficult to track down the medical professionals involved in your surgery.
Wettermark Keith’s attorneys need sufficient time to gather your medical records, consult independent medical experts, and develop a strong legal strategy before deadlines expire. Contacting us as soon as possible is important to protect your legal rights and get the compensation you deserve.
Steps to Take If You Suspect Surgical Malpractice in Alabama
If you believe you’re a victim of surgical error you need to protect yourself. Taking the right steps early can make a huge difference in your physical recovery and your legal case.
Seek Immediate Medical Care
Your health is the top priority. If you experience severe pain, signs of infection, or unexpected symptoms after surgery, seek medical attention immediately. Getting a proper diagnosis and treatment plan from another doctor helps link your injuries to surgery, and prevents your condition from worsening.
Gather Your Medical Records
Start collecting all documents related to your surgery and subsequent treatment. This includes surgical notes, discharge instructions, imaging results, and bills. Keep a journal detailing your daily symptoms, pain levels, and how the injury impacts your routine. This information will be important for any future legal claim.
Contact Us For a Free Consultation With Our Alabama Medical Malpractice Attorneys
Don’t wait to contact a Wettermark Keith medical malpractice attorney in Huntsville, Birmingham, Montgomery, or Dothan, Alabama. Our attorneys work on a contingency basis, so you don’t pay unless we secure compensation for you. Contact us 24/7 at (877) 455-4518 or fill out our form online for a free case consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
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