If you suffered preventable harm caused by a medical care provider’s negligence, you may be able to pursue a just payout in a medical malpractice case. The Morris Bart law office in Huntsville may be able to help you file a claim or take your case to court.
We will assess your legal options during a free case review. Our team of medical malpractice lawyers in Huntsville provides these initial consultations for victims of medical negligence in northern Alabama and throughout our service area.
How do I Know if I Am a Victim of Medical Malpractice?
You can learn more about the strength of your case against your doctor or clinic by working with our Huntsville medical malpractice attorneys. We can make a preliminary determination about when, how, and if malpractice occurred.
Almost any careless or reckless action on behalf of a medical care provider could support a malpractice claim under the right circumstances. Some incidents that often rise to the level of negligence include:
- Problems with diagnosing a serious injury or illness, such as missed diagnosis or misdiagnosis
- Surgical mistakes, including wrong surgery, incorrect site, or leaving items inside the surgical site
- Anesthesia errors
- Medication errors caused by the wrong medication, incorrect dose, or other problem
- Treatment errors
- Birth injuries, including cerebral or Erb’s palsy, brain injuries, and more
Who Can Be Held Liable in a Medical Malpractice Claim?
When filing a medical malpractice claim, your lawyer will help you understand the legal process and how to determine liability. Many types of medical care providers could be liable in a medical negligence case, including:
- Your general practitioner or another family physician
- A specialist
- An emergency room doctor
- A surgeon
- An anesthesiologist
- A dentist
- A chiropractor
- A nurse
- A pharmacist
In some cases, it is not only an individual physician who is responsible for what happened. Instead, there is a careless or reckless culture in the facility itself. When a facility’s administration deems it okay and normal to ignore safety protocols and actions meant to protect the patients’ health, this is negligence.
Other liable parties in a medical malpractice case could include:
- A hospital
- A medical clinic
- A family practice
- A surgical center
- A long-term care facility
To prove negligence and liability in any medical malpractice claim, we generally need to call in an expert to help. This expert usually has similar training and experience to the doctor accused of malpractice and works nearby.
This expert will review the circumstances that led to the client’s injuries and determine if they believe the doctor provided an appropriate standard of care. This determination will play a key role in proving negligence and building a case for compensation on our client’s behalf.
For a free legal consultation with a Medical Malpractice lawyer serving Huntsville, call (256) 666-3010
There Are No Caps on Huntsville Medical Malpractice Recoveries
A medical negligence claim or lawsuit could allow you to recover compensation by holding the doctor, care provider, clinic, or hospital accountable. Compensatory damages in a Huntsville medical malpractice case vary but could include:
- Additional medical care costs
- Future treatment, care, and support costs because of the malpractice
- Lost wages and diminished earning capacity related to the injuries
- Additional related costs
- Pain and suffering and other intangible losses
Wrongful death recoveries, generally limited to punitive damages, may also be available if your loved one died because of a physician’s negligence.
Some states limit how much you can recover for the injuries and losses you suffered. As of 2021, there are no caps on compensatory damages and overall payouts in Alabama medical malpractice cases. The Alabama Supreme Court ruled that previous caps on these damages were unconstitutional.
What Is the Deadline for Filing a Huntsville Medical Malpractice Civil Suit?
Many medical malpractice cases reach a negotiated settlement without pursuing a case in civil court. Knowing the deadline for taking legal action is still imperative, however. You must file your paperwork before the cutoff to protect your right to do so.
Under Ala. Code § 6-5-482, most victims of medical malpractice have two years to begin the process. Exceptions exist, however. You may have more or less time to file suit. The timeline for legal action could be anywhere from six months from the date you discover the malpractice to four years.
Our medical malpractice lawyers in Huntsville can assess your particular case and explain the timeline for taking action during your free consultation.
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Morris Bart & Associates, LLC Knows How to Navigate Alabama Medical Liability Laws
The Morris Bart law firm lawyers represent victims of medical malpractice in Huntsville, as well as all areas of four states in the Gulf South. Our Huntsville location is one of 15 offices we operate to help us better serve our clients in Alabama, Arkansas, Louisiana, and Mississippi.
We have spent the last 40+ years serving clients like you who suffered injuries because of another party’s negligent act. We know how to develop a strong claim and hold them responsible. We also understand how damaging medical malpractice can be to the victim, their family, and the family’s financial stability.
Under the Alabama Medical Liability Act (AMLA), found under Ala. Code § 6-5-551, you may be able to hold your doctor or another care provider liable when:
- You had a doctor-patient relationship that created an obligation to provide you with an acceptable standard of care
- The caregiver failed to provide this acceptable level of care
- You suffered preventable injuries or an advancing illness as a result of their failure
- Financial recovery will help you overcome some or all of your related losses
Our contingency-fee firm won more than 6,500 settlements and verdicts for our clients in 2019 alone. We may be able to secure compensation for you in your medical malpractice case.
Let us explain our services and your options based on what happened to you. You can speak with our team during your complimentary case review.
Talk With a Huntsville Attorney for Free About Your Legal Options
The Morris Bart law firm manages medical malpractice claims for those hurt in Huntsville and other areas of north Alabama. You can call now to speak with a medical malpractice attorney in Huntsville for free about your case. Call us or fill out our online contact form today to get started.
Questions?Call (256) 666-3010
to find a Morris Bart office near you.
