Legal Question in Medical Malpractice in Alabama

Antibiotic prophylaxis on childhood appendicitis

If a surgeon did an appendectomy without antibiotic prophylaxis, and than if wound infection develops, is it a malpractice? Can I sue him?


Asked on 4/05/03, 8:08 am

1 Answer from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Antibiotic prophylaxis on childhood appendicitis

Bad result does not equal malpractice. Bad doctoring does not equal malpractice. Medical malpractice cases are the most difficult cases to win. The insurance companies and their lobbyists have successfully poisoned the jury pool with ridiculous accusations about how us greedy trial lawyers are forcing all those poor doctors and their insurance companies into bankruptcy. Recently the Republican controlled House of Representatives with the backing of the major insurance companies passed a medical malpractice reform bill that would utterly destroy anyone's abilities to file a medical malpractice case. The issue is now in the Republican controlled Senate. If you value your rights as citizens I would urge you to contact Senators Shelby and Sessions and express your strong opposition to the bill. That and vote straight Democratic in the future.

As to the specifics of your case, whether or not you have a case depends not just on whether your doctor "goofed" but also on whether you've got serious enough damages. A good medical malpractice case requires permanent life long injuries such as brain damage, loss of limb or loss of other major life function such as sight or hearing, or some other serious problem and not merely a lot of extra pain and medical care. Of course, wrongful death is a serious medical malpractice claim.

If your infection resulted in further serious injury, feel free to contact me at 205-458-1100.

Sincerely,

Sterling L. DeRamus

Attorney At Law

2015 First Avenue North

Birmingham, Alabama 35203

[email protected]

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Answered on 4/07/03, 10:38 am


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