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.
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