When you place your trust in a medical provider, you may expect them to do everything in their power to help you heal. However, not every medical professional upholds the same standard of care. If a nurse, doctor, pharmacist, or other healthcare provider acted negligently and caused your injury or the injury or death of a loved one, they may have committed medical malpractice.
Can you sue for medical malpractice? Sometimes, yes, but you’ll need to understand the grounds for this type of case and work with an experienced medical malpractice attorney in Mobile.
What Is the Legal Definition of Malpractice?
Alabama recognizes medical malpractice as a healthcare provider’s failure to meet the standard of care, which leads to injury to the patient. Medical malpractice can involve action or inaction. Perhaps a medical professional made a mistake during a medical procedure or failed to take the appropriate actions to address or prevent injury.
Any of the following providers may face medical malpractice claims:
- Nurses
- Doctors
- Healthcare facilities
- Anesthesiologists
- Pharmacists
Understanding the Grounds for a Medical Malpractice Lawsuit
Can you sue for medical malpractice? Maybe yes, but your case will need to meet a few criteria to qualify as malpractice.
Medical malpractice is a type of personal injury claim. In general, personal injury cases must meet the following criteria:
- The provider owed you a duty of care.
- The provider breached their duty of care.
- An incident occurred due to the breach.
- You suffered damages in the incident.
Determining Fault in a Malpractice Case
While you may be able to name the medical provider whose mistake caused you harm, this does not mean that person is liable for your damages. A medical malpractice attorney can help you pinpoint the legally liable party, which may be the party you will sue in a malpractice case.
Any of the following parties may be liable:
- The medical facility: Healthcare organizations may assume vicarious liability for malpractice incidents. You may need to sue the hospital or doctor’s office for compensation rather than filing a claim directly against the provider.
- A pharmacist: Medication errors may trace back to the pharmacist who dispensed the medication rather than the provider who administered it to you. In some cases, all parties who handled the medication may be partially liable.
- A medical equipment manufacturer: If the malpractice involved faulty medical equipment or devices, the manufacturer may be liable.
Multiple parties may be partially liable for your malpractice incident. Work with an experienced attorney who can track down all liable parties and help you determine the next steps.
How To Seek Compensation for Medical Malpractice
Can you sue for medical malpractice? You may be able to, but the first step might be to file an insurance claim. If you can secure adequate compensation through a claim, you may not need to go through a lawsuit.
Medical providers may carry liability insurance for times like this. While coverage limits can vary, they may exceed $1 million. Your attorney can help you submit a claim through the liable party’s insurance company and provide evidence of all documented damages.
Through a lawsuit, you may be able to pursue economic and non-economic damages. Economic damages may include:
- Medical bills
- Time off work
- Future medical expenses
- Loss of future earning capacity
Meanwhile, non-economic expenses may encompass:
- Pain and suffering
- Mental anguish
You may even have the right to punitive damages, which punish especially reckless behavior.
We May Be Able To Help You Sue for Medical Malpractice
At Jackson & Foster Law, our medical malpractice attorneys can help you pursue legal action and seek compensation. Let us gather evidence to establish negligence and prove causation, then submit a claim or lawsuit to pursue damages.
Contact us today at 251-433-6699 for legal assistance, then learn about choosing a personal injury lawyer.
