When Doctors Make Mistakes
We all trust doctors to make us better when we’re sick or hurt. Most of the time, they do a great job. But sometimes, even doctors make mistakes. When these mistakes cause serious harm, it’s called “medical malpractice.”
In Montgomery and throughout Alabama, the experienced attorneys at Strickland & Kendall have helped many families who have been hurt by medical mistakes. Michael Strickland and Ed Kendall want to help you understand what to do if this happens to you or someone you love.
Common Types of Doctor Mistakes
Medical mistakes can happen in many ways. Some of the most common ones we see in Montgomery include:
- Misdiagnosis: When a doctor tells you that you have the wrong illness
- Medication Errors: Getting the wrong medicine or the wrong amount
- Surgery Mistakes: Errors during an operation
- Birth Injuries: When a baby is hurt during delivery
- Failure to Treat: Not giving proper care for a condition
“Medical malpractice cases are some of the most complex cases we handle,” says Michael Strickland, who has over 30 years of experience representing injured patients. “But when someone is hurt by a doctor’s mistake, they deserve fair compensation.”
How Do You Know If It’s Medical Malpractice?
Not every bad medical outcome is malpractice. Sometimes treatments don’t work even when doctors do everything right. So how can you tell the difference?
Medical malpractice usually involves these four elements:
- Duty: The doctor had a responsibility to care for you
- Breach: The doctor failed to provide proper care
- Causation: This failure directly caused harm
- Damages: You suffered injuries or losses as a result
Ed Kendall, known for handling complex medical cases, explains: “The key question is whether the doctor followed the standard of care – which means doing what a reasonable doctor would do in the same situation.”
Important Steps to Take If You Suspect a Medical Mistake
If you think a doctor’s mistake has hurt you or a family member, here are the steps you should take:
1. Get Medical Help Right Away
Your health comes first! See another doctor to treat your condition and prevent further harm.
“Don’t return to the same doctor you believe made the mistake,” advises Michael Strickland. “Seek a second opinion from a different hospital or clinic if possible.”
2. Request Your Medical Records
Ask for complete copies of all your medical records before they can be changed or altered. In Alabama, you have a legal right to get these records, though you might have to pay a small fee.
3. Document Everything
Keep a detailed journal about:
- Your symptoms and pain levels
- Conversations with doctors and nurses (write down dates, times, and names)
- How the injury affects your daily life
- All medical appointments and treatments
- Medications you’re taking
Pictures can be important too, especially if you have visible injuries.
4. Don’t Sign Anything from the Hospital or Insurance Company
After a medical mistake, you might be offered a quick settlement. Don’t sign anything without talking to a lawyer first! These offers are usually much less than your case is worth.
5. Talk to an Experienced Medical Malpractice Attorney
In Alabama, medical malpractice cases have strict deadlines and complex rules. At Strickland & Kendall, we offer free consultations to help you understand if you have a case.
“We work directly with medical experts to review your records and determine if malpractice occurred,” says Ed Kendall. “Unlike some firms where you never meet your lawyer, at Strickland & Kendall, you’ll work directly with our experienced team throughout your entire case.”
Time Limits for Medical Malpractice Cases in Alabama
In Alabama, you generally have just two years from the date of the medical mistake to file a lawsuit. In some special cases, like when an injury isn’t discovered right away, you might have six months from when you discovered the problem.
“These deadlines are strict,” warns Michael Strickland. “If you miss them, you could lose your right to compensation forever, no matter how serious the mistake was.”
What Compensation Can You Receive?
If a doctor’s mistake hurt you or a loved one, you might be able to receive money for:
- Medical bills (past and future)
- Lost wages if you or your parents missed work
- Physical pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
In cases where someone died because of a medical mistake, their family might be able to file a wrongful death claim.
The Medical Malpractice Process in Alabama
Medical malpractice cases have some special rules in Alabama:
Pre-Suit Requirements
Before filing a lawsuit, your attorney will need to:
- Get all your medical records
- Have them reviewed by a medical expert
- Get a certificate from the expert stating that malpractice likely occurred
Expert Testimony
Unlike simple accident cases, medical malpractice cases almost always require expert witnesses – other doctors who can explain how your doctor made a mistake.
“Finding the right medical experts is crucial,” explains Ed Kendall. “At Strickland & Kendall, we work with respected medical professionals who can clearly explain complex medical issues to a jury.”
Settlement or Trial
Most medical malpractice cases settle before trial, but the attorneys at Strickland & Kendall prepare every case as if it will go to court. This thorough preparation often leads to better settlements for their clients.
Real Examples of Medical Malpractice
While protecting privacy, here are some examples of the types of cases Strickland & Kendall has handled:
- A doctor who misdiagnosed appendicitis as a stomach bug, leading to a ruptured appendix
- A surgeon who operated on the wrong body part
- A hospital that gave a patient 10 times the correct dose of medication
- A doctor who failed to order appropriate tests, missing a cancer diagnosis until it was too late
How Strickland & Kendall Can Help
With offices in Montgomery, Strickland & Kendall has been helping Alabama families affected by medical mistakes since 1994. Michael Strickland and Ed Kendall have:
- Over 100 cases tried to verdict
- Decades of combined experience
- A reputation for taking on tough cases against big hospitals and insurance companies
- A commitment to working directly with clients
“We understand that dealing with a medical injury is frightening, especially for young people,” says Michael Strickland. “We explain everything in clear, simple terms and answer all your questions throughout the process.”
Get Help Today
If you think a doctor’s mistake has hurt you or someone in your family, call Strickland & Kendall at 334-269-3230 for a free consultation. We’re located in Montgomery at 2740 Zelda Road, and we’re here to help Alabama families understand their rights.
Remember, talking to a lawyer doesn’t mean you have to file a lawsuit. Sometimes just getting answers about what happened is the first step toward healing.
This blog provides general information about medical malpractice in Alabama. Every case is different, and this is not legal advice. For guidance about your specific situation, please contact Strickland & Kendall directly.