Huntsville Medical Malpractice Lawyer
Medical bills can present a serious financial strain for the average American family. With a high cost of health care in this country, even relatively minor medical procedures result in large amounts of debt. Sometimes, exorbitant medical bills may be the result of provider negligence. If you or a loved one believe that your health care provider committed medical malpractice, schedule a free initial consultation with the Law Firm of Conchin, Cloud, and Cole LLC today to discuss your legal options.
What Is Medical Malpractice?
Medical malpractice may occur when a member of the healthcare system – such as a doctor, nurse, hospital, or another provider, causes harm to a patient through negligence or omission. It can occur at any point during the care process, from misdiagnosis, procedural error, or improper aftercare.
Medical malpractice claims have the following characteristics:
- A provider must owe the patient a duty of care. A doctor or other health care provider establishes the duty of care by seeing a patient in an official setting.
- The provider deviated from an established standard of care. The laws that govern medical malpractice hold that certain standards of medical care exist and that reasonably competent providers follow them. Any patient has the right to expect that a provider will deliver care in line with these standards. If a provider fails to act in a way that a reasonably competent provider would, with similar training and under similar circumstances, this lays the groundwork for medical malpractice.
- The patient suffered an injury resulting from negligence. Violating the care standard is only one aspect of a medical malpractice claim. Next, a patient’s attorney must show that he or she sustained an injury that would have otherwise not occurred, and it was a direct result of provider negligence.
- The patient suffered damages as a result. Medical malpractice claims generally involve large amounts of damages or expenses that a plaintiff suffers as the direct result of malpractice. Two main types of damages exist. Economic damages compensate for medical bills, therapy, and the projected costs of recovery resulting from malpractice. Non-economic damages provide recompense for intangible losses such as pain, suffering, and loss in life quality resulting from the malpractice.
Common Types of Malpractice
Medical malpractice can occur in many forms. A patient may experience malpractice in any aspect of health care delivery, from a primary care practitioner’s office to a hospital setting.
- A misdiagnosis, or a failure to diagnose, is one of the most common forms of medical malpractice and can cause delays inappropriate treatment that could lead to better health outcomes.
- Medication errors are another leading cause of malpractice suits nationwide. Claims may be against a hospital for improper administration or dosage, or a pharmacist for improper dispensing. A person may also suffer harm from medication errors when a provider fails to foresee a potential drug interaction or monitor for possible side effects.
- Anesthesia and surgery errors. Though they may represent the minority of cases, errors during surgery or anesthesia can lead to significant harm. A patient may suffer the consequences for a lifetime.
- Errors during labor or delivery. Failure to adhere to an established standard of care during the course of labor and delivery can seriously endanger the well-being of both the mother and her child. A claim may exist from failure to monitor vital signs, intervene during a traumatic birth, or from improper use of birth assistive tools.
Medical malpractice claims exist to help patients recover damages that arise from both the economic and intangible harms that arise from provider negligence. If you believe that you or a loved one have been a victim of malpractice, contact the Huntsville lawyers at Conchin, Cloud, and Cole LLC today to schedule a free case evaluation.