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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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