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In the medical field, malpractice is a term that applies when someone suffers due to a doctor, nurse, or another professional making a mistake during treatment, providing poor care, or misdiagnosing a condition. It’s a matter of liability, and negligence is generally proved by providing evidence that the person filing the medical malpractice claim would have received the correct care from another provider. While medical staff aims to achieve the highest level of care, there are times when a procedure or process can go wrong. Here’s what you should know before speaking to an attorney about seeking compensation.

What Are Common Causes of Medical Malpractice Claims?

A wide range of issues can be counted as medical malpractice, and these can occur at any point during care, from consultation to surgery and aftercare. The law may look at what was done as well as what was not done when defining malpractice. The most common include but are not limited to: 

  • Medication errors, in which the wrong type or dosage of medicines are prescribed; this category may also include anesthesia errors 
  • Childbirth injuries, such as a failure to perform a necessary cesarean section or problematic prenatal care
  • Surgical errors, such as leaving a medical tool inside the body or performing surgery without first exhausting nonsurgical options
  • Failure to treat, which can entail neglecting to refer a patient to a specialist, perform necessary medical tests, or inform a patient of all their medical options

What Do You Need to Do to File a Medical Malpractice Case?

medical malpractice

Generally, the first step before filing a claim is contacting the medical professional involved. They deserve to hear about the situation and offer a remedy. If this doesn’t work out, the relevant medical board should be contacted. The board will serve no direct role in compensation, but they may penalize the professional following an investigation. 

The state of Alabama does not require the claim to be accompanied by an affidavit of merit signed by a supporting medical professional. However, it is necessary to provide evidence of each action—or inaction—that led to the medical provider’s liability and details about the time, date, and place where each action or inaction occurred. It must be established what the proper medical care would have been, followed by an explanation of how the medical professional failed to provide it and how the plaintiff suffered directly because of this failure.

 

If you’ve received inadequate medical treatment that has negatively impacted your life, turn to the legal experts at Lee, Livingston, Lee, Nichols & Barron, P.C. Their Dothan, AL, office serves Dale, Henry, and Houston counties with a range of civil litigation experience. The present AV-rated firm was established in 1948 with roots that extend back to the late 1800s, and the attorneys bring this experience to the aid of every client with focused, compassionate representation. Call (334) 792-4156 to schedule an initial consultation and visit their website to learn more about the team.

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