Alabama Personal Injury Law: Medical Malpractice

Medical malpractice is a particularly complicated area of personal injury law. When medical malpractice occurs, individuals have a hard time continuing to work and sometimes even have difficulty accomplishing daily activities.Victims of medical malpractice in Alabama require the strength and skills of a strong personal injury lawyer who knows how to fight for the compensation they deserve. Victims of medical malpractice should also understand some important facts concerning medical malpractice.

The Definition of Medical Malpractice

Medical malpractice is more than simply something going wrong in a medical setting. For malpractice to be present, a significant medical error or negligence caused by hospital staff must have occurred that resulted in a patient’s injury. Generally speaking, medical malpractice must involve the failure of medical staff to follow established standards for healthcare practice. Not just doctors, but also dentists, nurses, surgeons, and a variety of health care professionals can be guilty of medical practice.

Common Types of Medical Malpractice

There are many ways in which medical malpractice can occur. In Alabama, some of the more common forms of medical malpractice include—but are not limited to—the following:

 

  • Birth Injuries- These cases involve medical staff that fails to adequately diagnose and treat complications that arise during a birth. These errors can result in lifelong medical conditions or even the death of newborns.
  • Medications- These errors involve patients who are prescribed the wrong medication or the incorrect dosage of the correct medication.
  • Misdiagnosis- Misdiagnosis represents a large amount of medical malpractice cases. In these cases, a medical provider fails to diagnose a medical conditions when apparent symptoms are visible.
  • Surgery Mismanagement- Another common type of medical malpractice, surgery mismanagement involves simple errors during surgery to large errors in which medical staff fails to follow established guidelines.

Alabama Laws Regarding Medical Malpractice

Medical malpractice cases are particularly difficult to litigate. Not only can it be hard to establish that medical staff is directly responsible for an individual’s injury, medical staff also often has insurance that guards against malpractice claims.

Alabama Statute of Limitations For Medical Malpractice Cases

“Statute of limitations” refer to specific deadlines within which a party must file a medical malpractice lawsuit. There are several specific deadlines which must be met by an individual who files a medical malpractice lawsuit, which include the following:

 

  • The Standard Deadline- Victims of medical malpractice in the state of Alabama are given a strict deadline of two years in which to file a medical malpractice lawsuit. Individuals who fail to meet this two year deadline lose the right to sue for medical malpractice.
  • The Discovery Rule- In the state of Alabama, if a person injured by medical malpractice does not discover the medical malpractice claim within a two year period, a lawsuit must be commenced within six months from the date that the individual discovers the malpractice or the date on which facts were discovered that should have led to the individual discovering that malpractice had occurred.
  • Various Other Statute Of Limitations- There are several other existing statute of limitations in the state of Alabama for medical malpractice based upon the particular facts of a case. As a result, it is always a wise idea to consult with an experienced Alabama medical malpractice lawyer whenever a malpractice case occurs.

How an Alabama Personal Injury Lawyer Can Help

If you or a loved one has been injured by medical malpractice, now is the time to begin taking steps to make sure that you receive the compensation that is deserved. John Totten has substantial experience with medical malpractice cases and will fight zealously to make sure that you receive the compensation you deserve. Contact Attorney John Totten today.

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Written by John M. Totten

John M. Totten

John's office is in Athens, Alabama, where he has helped thousands of people in North Alabama with everything from family law issues, to catastrophic injury and death cases, to criminal defense.