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Medical Malpractice

Medical Malpractice Attorneys

Injuries or deaths which occur at a hospital or because of mistakes made by doctors, nurses, surgeons, psychiatrists, hospitals, and other medical care providers are handled uniquely under Alabama law.


Medical malpractice occurs when a healthcare professional breaches the standard of care for their profession resulting in personal injury and/or death to the patient. Medical malpractice can be committed by a doctor, nurse, dentist, or other licensed medical professionals.


The medical malpractice attorneys at Jinks Crow have years of experience representing individuals and families in medical malpractice cases. If you or a loved one has been injured due to the negligence of a medical professional, contact us today to schedule a free and confidential consultation. 


How common is medical malpractice?

A few years ago, a John Hopkins University School of Medicine study revealed that medical malpractice could feasibly be the third-leading cause of death in the country. Based on that study, at least 250,000 Americans die each year due to some sort of medical error. But, depending on what is considered a medical mistake, that number could be as high as 440,000.

  • 10% of all deaths in the United States are the result of medical errors.

  • $2.16 billion in medical malpractice claims were filed by members of the armed services in 2019.

  • 5% to 10% of all physicians have had sexual contact with patients.


When to Sue for Medical Malpractice

To prove medical malpractice, one must first show what the standard of care was for that professional given those facts and circumstances. This must usually be shown through the testimony of a similarly situated professional. A hospital or other licensed healthcare facility may also be responsible or liable for medical malpractice. One must also show that the negligence proximately caused the personal injury.


Medical malpractice may include:

  • Failure to diagnose

  • Administering wrong medicine

  • Administering the wrong dosage

  • Negligence in surgery, such as leaving something inside someone, nicking adjoining organs or tissues, nerve damage, and infections

  • Failure to follow orders

  • Infections

  • Bed sores

  • Falls

  • Burns

  • Not using equipment properly

  • Failure to monitor vitals

  • Delay in treatment

  • Asphyxiation

  • Wound care

  • Transfusing improper blood type


What damages are available for medical malpractice?

Damages for medical malpractice include the cost of care (past and future), lost earnings, and other economic or out-of-pocket damages, plus pain and suffering, and sometimes punitive damages.


Are medical malpractice cases hard to win?

Unfortunately, medical malpractice cases can be hard to win. The burden of proof is on the injured person or the loved ones of the injured or deceased to prove that negligence of the medical provider caused the injuries or death.


Unless the four below facts are proven, the case will probably be rejected:

  • The injured/deceased had an established doctor-patient relationship

  • The injured/deceased’s doctor breached the expected standard of care

  • The injured/deceased was injured

  • The injured/deceased’s injuries were a direct result of the doctor’s lack of care

Though common and frustrating, undesired outcomes, worsening patient conditions, rude healthcare professionals, or untreatable conditions are not considered medical malpractice.


How much are medical malpractice settlements?

Medical malpractice litigation can be expensive. There are several costs associated with pursuing a medical malpractice case that Jinks Crow will pay upfront, such as hiring healthcare professionals to review your records and serve as expert witnesses.

For medical malpractice claims with minor damages, the costs of litigation can far exceed the potential damages. If the medical malpractice attorneys at Jinks Crow determine that it does not make financial sense to pursue your case, we will not take on your claim.

Contact Us Today for a Free & Confidential Consultation

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