LawSmart.com

How Do I Know If My Injury Constitutes Medical Malpractice?

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 providers in the same general line of practice, ordinarily have and exercise in like cases. A breach of the standard of care is the failure to comply with the standard of care, which failure proximately causes personal injury or wrongful death. The burden of proof is on the patient to prove by substantial evidence that the health care provider failed to exercise such care and that failure was the cause of the injury.

It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. The plaintiff must prove negligence through the use of expert testimony, unless an understanding of the doctor`s alleged lack of due care or skill requires only common knowledge or experience. The exception only applies in foreign object cases or when the injury is to a part of the body other than that being treated.

Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.

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: 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: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and … 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