(205) 824-7767

What to Know When Faced with a Medical Malpractice Case

Medical malpractice law is incredibly complex and varies from state to state. In order to file a medical malpractice lawsuit, you must understand the specific laws in your state. There are often certain steps you must take in order to notify the medical professional you are suing, and there are other principal rules that may apply in your case. 

It is important to seek legal counsel if you think you may have a medical malpractice case, as the laws can be confusing, and the consequences of filing a lawsuit can be significant.

If you believe you might be in the middle of one, here are some of the basics that you should know.
What Are the Duties of the Carrier?
1) Defense and Indemnity 
The carrier has the duty to defend and indemnify the physician for any claims brought against the physician. This means that the carrier will provide a defense for the physician in any legal action and will also pay any damages that are awarded to the plaintiff.
2) Retaining Counsel
When a lawsuit is filed, an insurance carrier will generally assign a lawyer who has been approved to work on its case. The carrier will often honor a physician’s request for a specific attorney.
3) Consent to Settle
Some insurance policies have a clause requiring the insurance carrier to obtain the physician’s consent to settle a case. This clause gives the insurance company the power to make the final decision regarding any settlement.
What Are the Duties of the Insured Physician?
1) Prompt Notice
Physicians should provide prompt notice of any potential claims or lawsuits against them to their insurance carrier in order to preserve coverage. An insured physician’s failure to provide prompt notice could jeopardize the carrier’s obligations both to defend and to indemnify.
2)  Cooperation 
Physicians must cooperate with their insurance carrier in the investigation and defense of any claims. This includes providing timely and complete information to the carrier and appearing for any required hearings or depositions.
Common Medical Malpractice Lawsuits
1) Improper Treatment
In order to prove that you have a valid medical malpractice case, you must be able to show that the doctor failed to meet the accepted standard of care for that particular medical situation. 

Additionally, you must be able to show that the doctor’s negligence caused you harm. Finally, you must be able to quantify the damages that you’ve suffered as a result of the doctor’s negligence.
2) Failure to Warn of Known Risks
A medical professional must tell a patient of all the known risks for any procedure or treatment. When it comes to medical procedures and treatments, it’s essential for patients to be aware of all the risks involved. This includes both the risks that are common to the procedure or treatment, as well as any risks that are specific to the individual patient.

It’s the responsibility of the medical professional to inform the patient of all the risks, and patients should ask any questions they have about potential risks before agreeing to any procedure or treatment.
3) Failure to Diagnose
One of the most severe consequences of incorrectly diagnosing a health condition is that the patient may not receive the prompt medical attention they need. For example, if a doctor diagnoses a patient who has lung cancer with something less grave, the patient will not get the care they need to treat their cancer. 

If another medical professional in the same position correctly diagnosed the patient and administered appropriate care, the patient may have grounds for a medical malpractice claim.
Conclusion
Filing a medical malpractice case can be an intense and complicated process.  It is important to have a clear understanding of what you are filing for and to have representation from an experienced lawyer.  The potential outcome of a medical malpractice case can be significant, so it is important to weigh all of your options before making a decision.

If you believe that you have been the victim of medical malpractice, it’s important to speak with a medical malpractice lawyer in Birmingham, AL as soon as possible. The attorneys at MHM Firm can help you determine if you have a case and guide you through the process. Contact us today to learn more.

We would like to hear about your case.

info@mhmfirm.com
905 Montgomery Highway, Suite 201
Vestavia Hills, Alabama 35216

(205) 824-7767

Name(Required)

Related posts

Dangers of Product Liability: How to Stay Safe as a Consumer

Product liability is a critical issue that affects consumers and businesses alike. It...

A Practical Guide to Construction Law in Birmingham, Alabama: Key Principles and Challenges

Navigating the complexities of construction law is critical for builders, contractors,...

5 Telltale Signs You Need a Lawyer for Your Insurance Claim

Insurance policies are meant to provide financial protection and peace of mind in times...

When Should You Reach Out to a Medical Malpractice Lawyer

The number of out-of-court settlements is staggering, and it is only a fraction of the...

Uncovering the Dangers of Defective Medical Devices

Medical devices are essential in the healthcare industry, helping diagnose and treat...

Alternative Dispute Resolution (ADR): Strategies for Efficient and Cost-Effective Conflict Resolution

In today's fast-paced business world, disputes are inevitable; however, the...

Boating Accidents & the Law – Law Firm in Vestavia Hills, AL

As the weather heats up and Alabama’s lakes and waterways fill with boaters, so too does...

Exploring Alternative Dispute Resolution Methods in Construction Law

Construction Law: Construction projects often involve multiple parties, complex...

Contract Disputes: What You Should Know

Contracts govern our modern world. A contract is a legally binding agreement between two...

Demystifying Medical Malpractice Defense in Birmingham, Alabama: A Comprehensive Guide for Healthcare Professionals

The accomplished attorneys at MHM Firm in Birmingham, Alabama, are committed to...

Contact Us Today

If you are facing a legal challenge and need experienced, dedicated representation, contact McCallum, Hoaglund & McCallum, LLP today. We offer a free initial consultation to discuss your case and to help you understand your legal options.

Call us at (205) 824-7767 or fill out our online contact form to schedule your consultation. Let us put our experience, integrity, and commitment to work for you.