Who Can Be Held Accountable For The Medical Malpractice?

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Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and pharmacists, among others. These claims may be brought against individuals, corporations, associations, etc. The courts of Alabama have held that a hospital is not vicariously responsible for the acts of physicians who are not employees or agents. Later court opinions have indicated a hospital could be held liable based on the hospital`s negligence in appointing an incompetent physician or not properly monitoring the physician. The guidelines to prove such a theory, however, are stringent.

In the state of Alabama, where the negligence of more than one party combined to produce the injury, each party`s negligence is considered to be the proximate cause of the injury and each party is liable for the entire judgment.

It is important to note that Alabama adheres to the doctrine of contributory negligence. This means if the claimant`s negligence contributed to the injury, recovery will be completely barred.

Other Alabama Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error, which results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: The standard of care for all Alabama health care providers is that level of such reasonable care, skill, and diligence as other similarly situated health care … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. In Alabama, medical malpractice actions for personal injury must be filed within two … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: There is no cap on attorney fees for medical malpractice cases in Alabama. Most attorneys will take a medical malpractice case on a contingency fee basis. This means … More
Q: How Much Can I Expect To Be Compensated For My Pain And Suffering?
A: In any action for injury against a health care provider, the injured party and spouse may be entitled to recover noneconomic losses to compensate for pain, suffering, … More
Q: Time Limitations Or Statute Of Limitations For Filing A Claim
A: All actions must be commenced within two years after the act or omission giving rise to the claim; provided, that if the act or omission is not discovered and could … More
Q: Contributory Or Comparative Negligence
A: Contributory negligence: Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which is legally … More
Q: Expert Witness Testimony
A: To establish a prima facie (on the face of it) case of medical malpractice, the claimant must present expert medical and nonmedical (i.e. financial expert) … More
Q: Vicarious Liability
A: When a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with … More
Q: Attorney Fees
A: Contingency fee agreements are agreements that an attorney has with his or her client regarding the payment of the attorney fees. It is not based on the usual hourly … More