Medical Malpractice
Holding Hospitals And Providers Accountable For Malpractice
When doctors, hospitals and pharmacists fail to perform at the level of professional responsibility expected and required, the result is often a catastrophic injury or a premature death for the victim.
At Marsh, Rickard & Bryan, we believe medical professionals should be held financially accountable for the pain, suffering and loss directly caused by their negligence. Over the years, we have successfully helped Alabama families obtain maximum compensation for medical malpractice cases involving:
|
In one unusual case, Marsh, Rickard & Bryan, challenged the way a local hospital was handling the remains of miscarried fetuses.
The Facts About Medical Malpractice
At Marsh, Rickard & Bryan, we believe juries serve a very important social function. Their verdicts tell a community that certain types of practices will not be tolerated. According to the Rand Institute for Civil Justice, “The jury’s decision in any particular case indicates the potential costs of engaging in behavior similar to the defendant’s.” The New England Journal of Medicine reported in the late 1970s that replacing the tort system in medical malpractice cases “might well abolish the deterrent signal or distort clinical decision making.” Researchers found that tort cases that assess damages against the negligent doctor send signals to other doctors that discourage future carelessness and reduce future damages.
Our lawyers strive to protect the patient’s right to be treated with the appropriate standard of care. Contact our firm to put our experienced team to work for you.
The Myths About Medical Malpractice
There is a lot of information about medical malpractice lawsuits out there that is just flat wrong. For example, we often hear that the costs of defending these lawsuits and compensating victims are responsible for driving up health care costs. Right now, Americans are spending about $2.5 trillion a year on health care. The percentage of that overall amount that is spent on defending malpractice claims and compensating victims is just 0.3 percent.
The most startling statistic may be just how few medical malpractice suits are actually filed each year. Most experts agree that the number has held steady at about 85,000 a year for many years. That seems like a lot until you compare it to the number of avoidable deaths occurring in our hospitals every year.
For example, one reputable study by the Institute of Medicine at the U.S. National Academy of Sciences found that avoidable medical errors – just in hospitals alone – killed as many as 98,000 people annually. That was more than automobile and workplace accidents combined. They also estimated that another 300,000 people were injured each year by avoidable medical errors. By 2011, a study in HealthAffairs estimated the number of avoidable deaths was probably closer to 1 million.
We strive to protect the patient’s right to be treated with the appropriate standard of care. Contact our firm to put our experienced team to work for you.
Types Of Cases Our Medical Malpractice Lawyers Handle
Medical malpractice occurs when a healthcare professional’s negligence leads to injury or harm to a patient. Given the complexity of medical procedures and the variety of potential errors, medical malpractice cases can cover a wide range of issues.
A good medical malpractice attorney, like those at Marsh | Rickard | Bryan, LLC, possess not just legal knowledge and insight, but also a strong understanding of the medical issues that arise in malpractice cases, and what victims may need to regain their health after the incident. We’re ready to help you – call today for a free consultation.
Misdiagnosis Or Delayed Diagnosis
Misdiagnosis or delayed diagnosis is a frequent form of medical malpractice where a healthcare provider either incorrectly diagnoses or fails to diagnose a condition in a timely manner. For instance, if a doctor misidentifies cancer as a less severe condition, the patient’s prognosis may worsen due to delayed treatment. To establish if such misdiagnoses or delays resulted from negligence, a medical malpractice lawyer will review medical records, consult experts, and determine if the delay breached the standard of care.
Surgical Errors
Surgical errors can include performing the wrong procedure, leaving instruments inside the patient, or injuring organs or tissues unintentionally. These mistakes can have severe consequences for a patient’s health and recovery. A medical malpractice attorney investigates surgical records and consults with medical experts to determine whether these errors were due to negligence rather than inherent risks of the procedure.
Medication Errors
Medication errors involve mistakes in prescribing, dispensing, or administering drugs, such as incorrect dosages or failing to consider drug interactions. These errors can lead to serious health complications or death. Lawyers specializing in medical malpractice examine medical records, prescription histories, and expert opinions to determine if negligence was involved.
Birth Injuries
Birth injuries occur due to negligence during childbirth, resulting in harm to the baby or mother. Such injuries may include cerebral palsy, brachial plexus injuries, or traumatic brain injuries. Negligence might involve improper use of delivery tools, failure to monitor the baby’s health, or general neglect during labor.
Anesthesia Errors
Anesthesia errors occur when mistakes are made in administering anesthesia, such as giving the wrong type or dose, failing to monitor vital signs, or not addressing allergies. These errors can result in severe complications, including brain damage or death.
Failure To Obtain Informed Consent
Informed consent requires patients to be fully aware of the risks, benefits, and alternatives of a procedure before agreeing to it. Failure to obtain proper informed consent happens when a provider does not adequately inform the patient, leading to procedures the patient might have refused if fully informed. This lack of consent can result in harm.
Hospital Negligence
Hospital negligence involves errors within a hospital setting, such as inadequate staffing, failure to follow protocols, or poor hygiene practices leading to infections. This negligence can significantly affect patient outcomes.
Diagnostic Testing Errors
Errors in diagnostic testing can lead to incorrect results or missed diagnoses, affecting treatment effectiveness. These errors can occur with various tests, potentially leading to inappropriate treatments or missed early interventions.
Advocating For Your Rights After Medical Malpractice Injury
Medical malpractice encompasses a range of issues requiring careful investigation and expert analysis. The attorneys at Marsh | Rickard | Bryan, LLC, are skilled in handling complex medical cases and advocating for patients affected by medical errors. Contact us today for a free consultation with an experienced medical malpractice lawyer.