What To Expect In An Alabama Medical Malpractice Lawsuit

When a person seeks medical care, the stakes are often quite high, and a high standard of care is expected. If that standard of care is breached, the resulting damage can change a person’s life. If you believe that you have been injured due to the negligence of a medical professional or entity, you have the right to seek damages for what you have been through – however, it can be difficult to prevail in this kind of case due to the multiple ‘hoops’ one has to jump through.

The right attorney can make all the difference in this type of case. The Birmingham medical malpractice attorneys from Goldasich, Vick & Fulk have handled many of these matters, and can guide you through the complex legal process to give you the best chance to recover.

A Breach Of The Standard Is Required

At its heart, most medical malpractice cases are cases of alleged negligence. In order to establish negligence in Florida law, four things must be established to the court’s satisfaction – the existence of a duty of care, a breach of that duty, tangible injury (though it need not be physical), and a showing that the breach of duty was the direct cause of the injuries. A duty of care can generally be assumed to exist between patient and provider, though not always.

If a duty of care does exist, establishing a breach of that duty is a cornerstone of liability. Alabama’s law states that a breach of duty can be proven with a showing that the defendant healthcare provider failed to show the “reasonable care, skill, and diligence” as any other reasonable healthcare provider. In other words, if other healthcare providers would not have acted in the same way as the defendant, a breach of the standard of care likely occurred.

Act Fast

In addition to the four criteria for a malpractice lawsuit, two other Alabama statutes must have their requirements met before a medical malpractice suit can go forward. The first is the statute of limitations, which must be observed – as of this writing, a person has two years from the date of the alleged malpractice, or six months from the date of the discovery of the injury if it is a condition that could not have been discovered immediately.

The second is Alabama’s law requiring an affidavit from an expert witness confirming the medical practitioner’s alleged breach of the standard of care, and the damages allegedly done by the breach. The expert must have the same (or very similar) qualifications as the defendant, or the affidavit may not be accepted. However, this can be difficult to obtain simply because some medical professionals will not want to give evidence against a peer.

Have Questions? We Can Help

Being injured by a person or entity you expected to protect you can be extremely disorienting, even frightening. You have a right to seek compensation for the harm you have suffered, but it can feel too overwhelming to try. The Birmingham medical malpractice attorneys from Goldasich, Vick & Fulk can help handle the legal end of the affair while you focus on physical recovery. Contact us today at (205) 731-2566 to schedule a consultation.