Medical Malpractice
Medical errors often lead to serious, permanent injury and sometimes death. According to a study by a private, non-profit group, 44,000 to 98,000 people died from medical errors in the United States during 1998. Institute of Medicine, To Err Is Human: Building a Safer Health System, 2000.
Notwithstanding the high rate of deaths and injuries caused by medical errors, only a few lawyers accept and try medical negligence cases due in part to the overwhelming financial investment required by the lawyer. According to one study, only 1 out of 8 preventable medical errors committed in hospitals results in a medical negligence claim! Harvard Medical Practice Study Group, Patients, Doctors and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York, 1990.
Malpractice in Gadsden, AL
Our law firm has been representing patients in medical negligence claims for almost 30 years. We have been successful in a number of medical negligence cases over the years, including several invovling monetary damages exceeding $1,000,000.00.
We are utilizing the latest courtroom technology for the trial of cases. At trial, we currently use a computer laptop, a projector, a 7′ X 7′ projector screen, Powerpoint software, Visionary trial software and a handheld remote to operate the computer. This equipment and technology enable us to enlarge photographs, medical records and other documents for the jury. We also use this technology to download, sort and enlarge deposition transcripts for highly effective impeachment at trial.
Do I Have a Medical Malpractice Case?
The vast majority of medical negligence cases require one or more medical experts who testify to the standard practice, whether it was used in the care of the patient and whether the failure to use standard practice caused the patient injury or death. In our experience, a medical negligence case will exceed $40,000.00 in out-of-pocket expenses to our law firm, especially if the case is tried. For this reason, we can only accept cases in which the patient dies or suffers very severe, permanent injury.
The medical negligence cases most likely to succeed in court include birth injuries and misdiagnosis of serious conditions such as heart attack and spinal meningitis, though this is by no means a complete list. If you have suffered a serious, permanent injury or loss of a family member due to a medical error, please call an attorney at our office to schedule an appointment.
Under Alabama law, most medical negligence claims must be filed within 2 years from the date of the negligence. A minor can file his/her medical negligence claim until his/her 8th birthday or within 4 years of the malpractice, whichever is the last to occur. Alabama Code Sections 6-2-8, 6-5-482 (1975).
We sincerely appreciate you considering Burns Garner Law Firm for your potential medical negligence claim.