Understanding Medical Malpractice Claims Against Healthcare Providers

When we seek medical care, we trust healthcare professionals to provide competent and appropriate treatment. Unfortunately, medical errors and negligence can occur, leading to serious harm to patients. If you or a loved one has sustained injuries due to substandard medical care, you may have grounds for a medical malpractice claim. First, it’s important to understand what constitutes medical malpractice, how to prove negligence, and the legal process of pursuing a claim.

What Constitutes Medical Malpractice? 

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care in their field, resulting in injury or harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management. Some common examples of medical malpractice cases include:

• Misdiagnosis or delayed diagnosis
• Surgical mistakes
• Anesthesia errors
• Medication errors
• Birth injuries
• Failure to obtain informed consent

Not every negative medical outcome is considered malpractice. To have a valid medical malpractice claim, you must be able to show that the healthcare provider was negligent in your care.

How Do You Prove Medical Negligence? 

Negligence is the central issue in any medical malpractice lawsuit. Legally, the negligence definition in medical malpractice is a failure to exercise the care that a similarly trained professional would exercise in similar circumstances. To prove negligence in a medical malpractice claim, you must demonstrate the following elements:

• A doctor-patient relationship existed, establishing the doctor’s duty to provide a certain standard of care.
• The doctor breached this duty by failing to meet the accepted standards of care established by the medical profession.
• This breach of duty was the direct cause of your injury. You must show that you would not have been harmed if not for the doctor’s negligence.
• You suffered actual losses as a result, such as additional medical bills, lost wages, pain and suffering, etc.

Proving negligence in a medical malpractice case requires extensive evidence, including medical records, expert testimony, and more. An experienced medical malpractice law firm can help you gather the necessary proof to build a strong claim.

What Is the Legal Process of a Medical Malpractice Claim? 

Selecting the right attorney is crucial when pursuing a medical malpractice claim. Look for a lawyer who specializes in medical malpractice and has a proven track record of success in handling cases similar to yours. Consider factors such as their experience, reputation, and resources to investigate and build a strong case on your behalf.

Once you’ve chosen a medical malpractice lawyer, you’ll have an initial consultation to discuss the details of your case. During this meeting, your attorney will ask questions about your medical treatment, the harm you suffered, and its impact on your life. They will also explain the legal process and help you understand your rights and options.

After the consultation, if the attorney believes you have a valid claim, they will handle all aspects of your case, including:

• Gathering evidence, such as medical records and expert testimony
• Proving medical malpractice occurred by investigating the claims and consulting with medical professionals
• Filing the necessary paperwork and legal documents
• Communicating with insurance companies and the defendant’s legal team
• Negotiating a settlement or representing you in court, if necessary

Most medical malpractice attorneys work on a contingency fee basis. This means that you don’t pay any upfront costs, and the attorney only collects a fee if they successfully recover compensation on your behalf. The fee is typically a percentage of the settlement or award, and you’ll discuss and agree upon this percentage before hiring the attorney. This arrangement allows you to pursue justice without worrying about how you’ll pay for it.

Contact Our Alabama Medical Malpractice Attorneys to Learn More

If you suspect that you or a family member has been the victim of medical malpractice, it’s crucial to speak with a skilled attorney as soon as possible. The knowledgeable medical malpractice lawyers at Stokes Stemle, LLC can evaluate your case, explain your legal options, and fight for the compensation you deserve.

Don’t wait to seek justice for your injuries. Contact Stokes Stemle, LLC today for a free consultation with one of our dedicated medical malpractice lawyers. We are here to help you through this challenging time, and we will work tirelessly to protect your rights.