We are experienced Alabama medical malpractice attorneys, and we know what it takes to successfully pursue your malpractice claim.
We trust our doctors with what most of us consider our most valuable asset – our health. But like the rest of us, doctors are human. Sometimes they provide care that is below the standard of doctors in the community, and cause injury to their patients. When this happens, medical malpractice has occurred.
Medical malpractice can take many different forms. Malpractice can range from improper surgery and treatment, to a failure to diagnose based on recognizable symptoms or to recommend that a patient see a specialist, or can be based on improper prescribing of drugs.
Medical malpractice cases are often difficult to pursue. Doctors, hospitals, and clinics generally have insurance that covers malpractice claims. Nonetheless, doctors and other healthcare providers fight malpractice claims very hard, in order to preserve their professional reputation and to prevent insurance premiums from rising. Medical malpractice cases also involve substantial expert testimony. Demonstrating that a doctor has committed malpractice almost always requires testimony from other doctors in the medical community that the doctor’s treatment fell below the applicable standard of care. Some doctors are reluctant to testify against other doctors who they may know, and expert testimony is always expensive for the parties.
The Alabama legislature has tried to implement a cap on the damages that an injured patient can obtain in a medical malpractice case. However, the Alabama Supreme Court has held the cap to be unconstitutional, and currently there is no effective cap on medical malpractice damages in Alabama. This issue remains a hot topic around the country, and various other states do have caps on the amount that patients can recover. These caps are clearly unfair, as the effect of damages caps is to deprive the injured patient of full recovery, through no fault of the patient’s.
Medical malpractice cases often involve complex issues not present in other personal injury cases. Frequently the malpractice will not be obvious, but can only be uncovered through a comprehensive understanding of the human body and the treatment provided. Sometimes patients do not realize that malpractice may have occurred until many years after the specific event that caused injury. This can raise difficult statute of limitations issues, and it is important for any patient who believes he or she may be a victim of malpractice to contact an attorney right away.
At Cross & Smith, our attorneys have obtained results of $1 million or more for clients in medical malpractice cases. We will represent you with dignity and care, and will deal aggressively with opposing insurance companies and attorneys. If you have suffered injury due to the medical treatment received, call our office today at (877) 791-0618 for a free confidential consultation.
Kelly v. Haralampopoulos – Exception to Hearsay Rule in Medical Malpractice Claim
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Retained Surgical Items & Alabama Malpractice Claims
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"After my husband was injured in a burn accident at work, we felt the accident could have been avoided. I was not sure where to start, but after careful research, we met with Justin Smith and shared our experience. From day one, we felt we were in good hands. Justin and Dell explained everything and kept us informed from start to finish. It was a complicated case that took an outside the box approach. Both Justin and Dell made us feel like part of the team."