Birmingham Medical Malpractice Lawyer
When a person visits a medical doctor, dentist, or hospital, they expect that the doctors and staff working on them to act with a certain degree of professionalism and care. When the medical professionals fail to do this, a claim for medical malpractice may be appropriate.
Our firm's Birmingham medical malpractice lawyers work with clients and their families who have received medical care that falls below the acceptable standard to fight for the compensation that they deserve. To get started on your claim, schedule a consultation with our experienced accident attorneys today.
Medical Malpractice Law in Alabama
On its surface, a medical malpractice claim in Alabama is similar to a negligence claim, such as in a car accident. There exist the five elements of a claim:
However, as a Birmingham medical malpractice lawyer can explain, medical malpractice claims are much more complicated. True, all medical professionals have a duty to care for their patients. Alabama, in Code 6-5-484, creates a duty for all medical providers to exercise reasonable care, diligence and skill.
This standard is compared to other practitioners in the same general neighborhood and in the same general line of practice. This same standard of reasonable care, diligence and skill applies to hospitals.
Proving Medical Malpractice
Proving breach of the duty of care however, can be easier said than done. Alabama Code 6-5-551, that creates a rule requiring the plaintiff to submit a detailed specification and factual description of each act and omission alleged by the plaintiff that places liability on the defendant.
This portion requires that a medical doctor review the facts of the case, and author an expert opinion on why the plaintiff's case has merit.
This can be a costly and time-consuming procedure. Essentially, the Alabama legislature has created a rule that the plaintiff must cross a significant hurdle before the case can be heard by a jury.
Additionally, Alabama Code 6-5-482 states that all actions against doctors and medical institutions must begin within two years after the act, or if the mistake was not discovered until after two years, within six months of the discovery. In no event will the action begin more than four years after the act.
Our firm's Birmingham medical malpractice attorneys are familiar with these procedural rules and work with local doctors to gather all of the evidence that is needed to prove our clients' cases.
Let take an example of a man with a broken arm. He visits the local emergency room after falling off of his roof. The doctor at the ER takes x-rays, confirming the break. He then sets the bone and places the arm in a cast. After a few months pass, the cast is removed. The plaintiff discovers that he no longer has full range of motion in his arm.
The plaintiff may have a medical malpractice case against the doctor by alleging that the bone was improperly set before the cast was administered. It is up to a medical expert to make this determination and that expert's opinions must be put in writing before a claim can be filed.
Contact a Birmingham Medical Malpractice Lawyer Today
Medical malpractice claims can be time-consuming and difficult cases. Insurance companies are slow to settle these claims since they understand the high burden of proof that plaintiffs need to meet.
Our firm's Birmingham medical malpractice attorneys possess the patience, contacts in the medical community and knowledge to guide you through this process.
If a doctor, dentist or hospital has made a mistake and left you, or your loved ones, with permanent injuries, contact our firm today.
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