Alabama Medical Malpractice lawyers

Trusted medical negligence lawyers fighting for families

Medical malpractice is the legal term for a preventable medical error which causes patient injury causes a lot of death and grief and pain. As consumers we place a significant amount of trust in our doctors and other healthcare providers, so when a doctor acts negligently causing injury, that trust is shattered. At Mezrano Law Firm, we understand the grief and frustration that comes when an injustice has been done that has caused you harm and loss. Please contact our Alabama medical malpractice lawyers if you need help.

Medical malpractice payout numbers

According to the Civil Justice Resource Group, only about 4.8% of physicians are responsible for about half of the medical malpractice claims filed in the United States, and 1.7% of physicians were responsible for 27.5% of all medical malpractice awards. Of the upwards of 25,000 to 120,000 deaths each year due to medical negligence, only about 2.9% of medical malpractice victims will file claims.

A medical malpractice provider reports in its annual survey or payouts, that the total amount of payouts in Alabama for medical negligence lawsuits in 2017 was $24,330, which is about $4.99 per capita. This is a decrease of 6.89% from the previous year. In the category of payment amounts by the malpractice allegation, here is how the numbers break down:

  • Diagnostic errors
  • Surgical errors
  • Treatment mistakes
  • Obstetrics
  • Medication errors
  • Monitoring mistakes
  • Other
34%
22%
19%
9%
5%
5%
6%
30%

Fatal malpractice injuries

Regarding the severity of the outcome of the medical negligence injury,
30% caused death and 20% were left with a major permanent injury.

Examples of medical negligence claims

  • Anesthesia errors
  • Birth injuries
  • Brain injuries and traumatic brain injuries
  • Cancer misdiagnosis
  • Emergency room errors, delays, and negligent treatment
  • Failure to diagnose or misdiagnoses of a serious illness
  • Medication errors, prescription errors, and pharmacy errors
  • Misdiagnoses or late diagnosis
  • Nursing malpractice and nursing negligence
  • Obstetrical and gynecological malpractice
  • Spinal cord injuries, paraplegia, and quadriplegia
  • Surgical errors
  • Hospital malpractice

How safe are Alabama hospitals?

The Leapfrog Group is an independent, national nonprofit organization of healthcare experts who are striving to take giant “leaps” forward in healthcare safety. They publish their Hospital Safety Grades each spring and fall to measure and publicly report hospital performance and safety in nearly 2,000 hospitals voluntarily and free of charge.

The following individual hospital grades are from the fall 2018 hospital safety grade surveys which looks at issues such as errors, accidents, injuries and infections. You can access all of the Alabama grades here, but we’ve pulled out a few for you to see

Mobile Infirmary Medical Center
Mobile, AL
Grade: A
Medical West Hospital Authority
Bessemer, AL
Grade: B
North Alabama Medical Center
Florence, AL
Grade: C
DCH Regional Medical Center
Tuscaloosa, AL
Grade: C
Baptist Medical Center South
Montgomery, AL
Grade: D
Providence Hospital
Mobile, AL
Grade: C
Gadsden Regional Medical Center
Gadsden, AL
Grade: D
University of Alabama Hospital
Birmingham, AL
Grade: B
St. Vincent’s Birmingham
Birmingham, AL
Grade: C

What is the plaintiff required to prove in an Alabama medical malpractice case?

Not every mistake a doctor makes rises to the level of malpractice. If you are injured because of a medical mistake and you wish to pursue compensation for your injuries, then you as the plaintiff have the burden of proving that the doctor’s (or other medical professional’s) action or inaction could be considered negligence.

  • A plaintiff must prove that a doctor-patient relationship existed, which proves the doctor’s duty of care to you as a patient
  • The doctor’s actions deviated from the accepted standard of care for their specialty which represented a breach of their duty of care
  • The patient suffered an injury and other damages
  • The doctor’s breach of his or her duty was the direct cause of the injury

The plaintiff is required to include a detailed description of the allegations against the defendant in the form of a detailed medical expert opinion to be submitted along with the complaint. Additionally, the plaintiff must prove these elements through expert medical testimony.

What is the plaintiff required to prove in an Alabama medical malpractice case?

Not every mistake a doctor makes rises to the level of malpractice. If you are injured because of a medical mistake and you wish to pursue compensation for your injuries, then you as the plaintiff have the burden of proving that the doctor’s (or other medical professional’s) action or inaction could be considered negligence.

  • A plaintiff must prove that a doctor-patient relationship existed, which proves the doctor’s duty of care to you as a patient
  • The doctor’s actions deviated from the accepted standard of care for their specialty which represented a breach of their duty of care
  • The patient suffered an injury and other damages
  • The doctor’s breach of his or her duty was the direct cause of the injury

The plaintiff is required to include a detailed description of the allegations against the defendant in the form of a detailed medical expert opinion to be submitted along with the complaint. Additionally, the plaintiff must prove these elements through expert medical testimony.

How much time do I have to file a medical malpractice claim in Alabama?

The legal deadline for filing a medical malpractice lawsuit in Alabama is two years from the date of the injury. Then, there is the discovery rule, which is an exception to the two-year deadline for circumstance where the injured person could not have known about the medical negligence when it occurred. For example, if a medical professional left a surgical implement inside a patient’s body, and the patient was not aware of it until sometime later, they can initiate a lawsuit within six months of the discovery if the two years has already passed. If a child was under the age of four when the malpractice injury occurred, they have until their 18th birthday to file a lawsuit.

Alabama also has a statute of repose, which places a deadline of four years after the alleged malpractice to file a legal claim regardless of when it was discovered.

What damages are available in a medical malpractice claim?

If you are successful in proving that your physician’s negligence caused your injuries, you may be awarded damages in the following categories depending on the facts of your case:

  • Medical expenses
  • Lost wages
  • Disability or diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Punitive damages (where appropriate)

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How can an Alabama medical malpractice lawyer help my case?

Medical malpractice cases are incredibly complicated, and they require significant resources to prepare a case for trial. Medical malpractice cases are expensive. If you are having difficulty finding an Alabama medical malpractice lawyer to take your case, there are several reasons this might be so. The plaintiff has the burden of proving that the medical professional’s negligence was the direct cause of their injury. Before you can file a claim, you must hire a medical expert to conduct a thorough investigation of the incident and write a detailed report about the exact ways in which the medical professional deviated from the accepted standard of care, and how that deviation was the direct cause of your injury.

Your attorney’s law firm will be required to advance significant costs with no guarantee of success. So, unless it is a blatantly obvious case of a preventable medical error, such as a wrong site, wrong side, wrong patient never event where a surgeon amputates the wrong limb or removes the wrong organ, or retains a surgical tool inside a patient’s body, medical malpractice cases are challenging and they require the services of a competent lawyer who has the knowledge and experience to surmount the obstacles and win for you.

Also, the Alabama Medical Liability Act (“AMLA”) Ala. Code § 6-5-551 allows defendants who have been named in a medical malpractice claim to use contributory negligence to defend against the claim. Alabama is one of a few states which follow the pure comparative negligence” principle, which bars a plaintiff from recovering damages if they can be found to have even 1% of negligence or fault in their injury. If the defendant can prove that the plaintiff’s failure to exercise reasonable care contributed to their injury, they will be unable to recover any money damages. How will you defend yourself against allegations that you somehow contributed to your injury without the support of a trusted medical malpractice lawyer?

The defendant will have a strong legal team representing their interests. If you want to take legal action against a physician, a hospital, a nurse, a dentist or any medical professional, you will benefit from the services of an experienced Alabama medical malpractice attorney who will protect your rights and fight for fair compensation for you.

Local lawyers with large firm resources for your medical malpractice injuries

If your injury was caused by medical negligence, you will require the services of a trusted Alabama medical malpractice lawyer. Mezrano Law Firm fights for the compensation you need so that you can get back to your life. We represent clients throughout the state with offices in Montgomery, Birmingham, Mobile, Florence, Gadsden, and Tuscaloosa. Call 205-407-1768 or fill out our contact form today.

If you have a case, you have a lawyer. Call us now to learn more about what we can do for you.