Alabama Hospital Negligence Attorneys
Substandard & Negligent Care in Hospitals
All medical facilities and providers have a responsibility to their patients. These entities must provide an acceptable standard of care and do everything within their power to prevent foreseeable injury. When they fail to uphold this duty of care, medical providers and institutions can be held accountable.
If you or a loved one suffered injuries or harm due to a hospital or hospital employee’s negligence, reach out to Morris Haynes Attorneys at Law right away. With offices in Alexander City and Birmingham, our Alabama hospital negligence attorneys represent clients throughout the state, as well as the families of patients who tragically died due to improper medical care. In our 30+ years in practice, we have established ourselves as a leading personal injury and negligence claims law firm, with more than $1 billion in total recovered for our clients.
Understanding Hospital Negligence
Hospital negligence occurs when a hospital fails to provide what is known as the “accepted standard of care.” The accepted standard of care is the level of care one could expect from another qualified medical provider in the same or similar circumstances. If the hospital or a hospital employee’s conduct differs from this standard, this is considered negligence. If the patient is injured as a result of this negligence, they (or their loved ones) may have a claim against the hospital or its employee(s).
To prove a hospital negligence claim, you will need to establish the following:
- You were a patient of the hospital and, therefore, the hospital had a duty to provide you with an adequate and accepted level of care
- The hospital or its employees failed to provide an adequate and accepted level of care while you were a patient
- You were injured as a result of the hospital’s failure to meet the standard of care, and you suffered measurable damages
Hospital negligence can occur at any stage of treatment, including initial intake, before a procedure, during a procedure, following a procedure, or patient discharge.
Examples of Hospital Negligence
There are many types of hospital negligence, but some common examples include:
- Diagnostic errors, such as misdiagnosis, failure to diagnose, and delayed diagnosis
- Failure to order or properly conduct adequate diagnostic tests
- Improper analysis of or ignoring laboratory results
- Laboratory errors, including contamination of samples or improper testing
- Administering the wrong medication to a patient, overdose, and other medication errors
- Unnecessary surgery, wrong-site surgery, wrong-patient surgery, and other surgical errors
- Failure to consider or account for a patient’s medical history
- Failure to recognize and/or promptly treat symptoms of an injury or illness
- Poor follow-up care, including premature discharge
Hospital negligence can also include unsafe premises and dangerous property conditions. For example, if a patient slips and falls on a wet floor, resulting in bodily injury, the patient may have a claim against the hospital if he or she can prove that a hospital employee was negligent.
Who Is Responsible for Hospital Negligence?
It is important to distinguish between hospital negligence and medical malpractice. Hospitals are rarely responsible for negligent or wrongful acts by privately employed doctors, surgeons, and other medical practitioners. Only if the medical provider was employed by the hospital is it possible to hold the hospital liable for the provider’s negligence.
Essentially, hospitals are legally responsible for the conduct of their employees while those employees are “on the clock,” so to speak. This is true in most circumstances, but not all. For example, if a hospital employee violates company policy or acts in a criminal manner, the hospital may argue that it is not liable.
In any case, it is important that you work with an experienced attorney who can not only determine who is liable for your injuries but can also protect your rights, including your right to a fair recovery. Since 1991, Morris Haynes Attorneys at Law has been fighting for the rights of victims of hospital negligence throughout Alabama. We have the resources, knowledge, and skill needed to effectively advocate for you, even if that means representing you and your best interests at trial.
Schedule a Free Consultation Today
If you or someone you love has suffered serious injuries due to a hospital’s negligence or the wrongdoing of a hospital employee, reach out to our firm today. We can review your legal rights and options during a no-cost, no-obligation consultation and are happy to answer any questions you may have. We provide all of our personal injury and negligence claims services on a contingency fee basis, meaning you do not owe any upfront fees, and we are only paid if you are.
What is hospital negligence?
Hospital negligence refers to misconduct by hospitals or hospital employees. “Misconduct” is any action or omission that falls short of the accepted standard of care. In other words, if a hospital or hospital employee acts or fails to act in a manner one could reasonably expect from another qualified medical provider in the same or similar circumstances, that hospital or hospital employee has breached the accepted standard of care. If you or someone you love was injured as a result of this, you could have a hospital negligence case.
What damages can be recovered in a hospital negligence claim?
Victims of hospital negligence can seek compensation for both economic and non-economic damages. This includes losses such as medical expenses related to treatment for one’s injury, lost income or wages, pain and suffering, emotional distress, inconvenience, and disfigurement. The state of Alabama does not currently have a cap on hospital negligence damages, meaning there is no state-set limit to either economic or non-economic damages in these cases.
What is the statute of limitations on hospital negligence cases in Alabama?
Most hospital negligence lawsuits in Alabama are subject to the standard two-year statute of limitations. This means you have two years to file a lawsuit against a hospital or hospital employee (in most cases). Sometimes, the statute of limitations may be deferred to two years from the date on which the injury was discovered or became discoverable. Other exceptions may apply; contact Morris Haynes Attorneys at Law today to learn more during a free initial consultation.