Medical malpractice occurs when a patient suffers harm under the care of a healthcare provider who fails to perform medical duties correctly. While each state treats medical malpractice differently, Alabama has a separate statute of limitations that applies specifically to medical malpractice.
Ultimately, under Alabama Code § 6-5-482, you have two years to file your lawsuit, starting from when the alleged malpractice was committed. Yet, what would exactly qualify as medical malpractice? Here are three main categories of medical malpractice from the experienced personal injury and medical malpractice attorneys at Braswell Murphy in Mobile, Alabama.
1. Misdiagnosis and Failure to Diagnose
Even the most trained and respected doctors can make diagnostic errors when the variability of health is involved. Thus, misdiagnosis will not always lead to medical malpractice or a successful lawsuit.
In order for misdiagnosis to be coined as “medical malpractice”, a diagnosis must result in improper medical care, delayed treatment, or no treatment at all. Ultimately, these causes must also result in worsening the patient’s medical condition for the malpractice to be actionable.
2. Improper Treatment
Unlike the failure to diagnose, improper treatment starts with a correct diagnosis but becomes medical malpractice when a handful of situations may be true. These include:
- If a healthcare professional withholds or fails to produce necessary treatment.
- If a healthcare professional chooses the right treatment but fails to administer it appropriately.
- If a healthcare professional exhibits negligence by the improper treatment of a condition at any time.
3. Failure to Warn
If a healthcare professional fails to warn of any and all risks of an upcoming treatment or procedure, their actions have become medical malpractice. Essentially, by committing this action, they have failed their duty as a physician to keep you safe. Knowing the dangers before a procedure or treatment may have caused you to forego it, preventing you from being injured.
Braswell Murphy – Medical Malpractice Attorneys in Mobile, Alabama
Even though doctors, surgeons, and other medical professionals undergo years of specialized training to treat serious illnesses and a wide range of medical conditions, mistakes can happen. When they do, the consequences can often be serious or sometimes even fatal. That’s why medical malpractice cases demand strong legal action.
Yet, medical malpractice lawsuits come with a large number of complex regulations, rules, and paperwork. Furthermore, healthcare professionals and hospitals often have entire teams of attorneys to defend their best interests.
That’s why it is important to have an experienced medical malpractice lawyer on your side that can fight alongside you. For more information on how the Mobile, Alabama attorneys at Braswell Murphy can help you recover from medical malpractice, contact Braswell Murphy today!
DISCLAIMER: The material on this website has been prepared by, or on behalf of, Braswell Murphy, LLC. The material is for informational purposes only and does not constitute legal advice. The material does not necessarily reflect the opinions of Braswell Murphy or any of its attorneys or clients, and is not guaranteed to be correct, complete, or up to date.
The information contained within this website should not be construed as medical advice and should not in any way impact any medical advice you receive from a licensed physician and/or your decision to seek medical attention.
Transmission of the material on this site is not intended to create, and receipt does not constitute an attorney-client relationship. This information is not intended to substitute for obtaining legal advice from an attorney. Each person’s legal needs are unique, and these materials may not apply to your legal situation. No person should act or rely on any information on this site without seeking the advice of an attorney.