Mobile Medical Malpractice Lawyer
Alabama’s trusted personal injury team protecting the rights of those injured from medical negligence
Doctors and other medical professionals are given a high degree of trust in our society. We implicitly trust the advice and treatment of physicians, pharmacists, anesthesiologists and other medical specialties to help and heal us when we are ill or injured. When a medical professional makes a preventable medical error, the consequences could be a catastrophic injury a death for the patient.
At Mezrano Law Firm, we understand the pain and frustration that can come as a result of an injury caused by medical negligence. With more than 40 years of combined legal experience, we have helped many clients like you obtain justice in the form of fair compensation for your injuries while holding those responsible for your injuries accountable for their mistakes.
To discuss your medical negligence injury, you may schedule a free consultation which places you under no obligation to work with us. You never pay attorney fees until we have recovered compensation for you.
How do I know if a medical mistake rises to the level of medical malpractice?
Being fallible humans, physicians and other medical professionals make mistakes. Medical professionals owe a duty of care to their patients to follow the accepted standard of care for their specialty. When a physician makes a mistake, for it to rise to the level of malpractice, there are several elements which must be satisfied:
- A doctor-patient relationship exists.
- The physician or any other medical professional's actions or failure to act breached the accepted standard of care.
- The patient was injured.
- The doctor's error was the direct cause of the patient's injuries.
Under Alabama law, the plaintiff must be able to prove to the jury, "by substantial evidence," that the medical professional failed to follow the accepted standard of care for their specialty. The plaintiff must hire a medical expert with similar experience, skill and expertise as the defendant doctor to show how their actions caused the plaintiff's injuries.
How much time do I have to file a medical malpractice claim in Alabama?
The legal time limit for taking legal action is called the statute of limitations, which in Alabama is two years from the date of injury for medical negligence claims. There is also the discovery rule, which is an exception to the two-year deadline in cases where the injured person could not have reasonably discovered the injury within two years and allows a person to file within six months of discovering the injury.
For children who suffered a medical negligence injury who were under four years old at the time the medical negligence occurred, they have until their 18th birthday to file a medical malpractice claim.
Alabama also has a statute of repose for medical negligence cases, which creates a legal deadline of four years after which an injured person may not file a claim regardless of when they discovered the injury.
Does an Alabama medical malpractice compliant require an affidavit of merit?
No. The Alabama statute that governs medical negligence, the Alabama Medical Liability Act (Code of Alabama 6-5-551) requires a medical malpractice complaint to include:
- A detailed and factual description of each act and omission alleged by the plaintiff to render the health care provider liable to the plaintiff
- When feasible and ascertainable the date, time and place of the act or acts
- If the plaintiff needs to amend their complaint, they must do so at least 90 days before the trial begins
- Any complaint which fails to include the detailed and factual description is subject to dismissal
What are some examples of medical malpractice injuries?
The following are examples of different ways physicians and other medical professionals have made preventable medical errors and cause serious injury or death patients:
- Misdiagnosis is one of the most common forms of preventable medical errors. Misdiagnosis creates a problem because the condition may continue to progress without treatment, which can jeopardize the patient's ability to recover from it.
- Failure to treat errors occur when the diagnosis was correct, but the condition was not treated adequately.
- Surgical errors are another far too common medical mistake which can involve nicking or perforating organs, leaving a medical tool inside a patient, or failure to provide appropriate care after surgery.
- Medication or pharmaceutical errors involve prescribing the wrong medication, the wrong dose or the improper administration of a drug.
- Anesthesia errors might involve not administering enough medication which allows the patient to wake up during surgery or an overdose of medication which can cause brain damage or death.
- Birth injuries can be caused by oxygen deprivation, the failure to anticipate complications due to the large size of the baby, or the failure to timely perform a cesarean section.
How can a Mobile medical malpractice lawyer help my case?
A medical malpractice lawyer is your legal advocate as you move through the civil justice system that was designed for lawyers to represent clients. Your lawyer 's job is to guide you through the process of filing a medical negligence claim. They will investigate the incident, hire a medical expert witness with similar training, experience and qualifications as the medical professional that you are alleging caused your injury. It is your attorney's job to prepare an argument that convinces a jury that the defendant's negligence caused your injury and that you should recover compensation.
Medical malpractice cases are complicated. They can hang on the expert witnesses' testimony, and they require a lot of resources to be invested before the case is brought to trial. If you are suffering from an injury caused by medical negligence, your time might be better spent resting and recuperating while your medical malpractice lawyer takes on the legal challenge on your behalf.
How much is my medical negligence injury case worth?
In some cases, we must help our clients set realistic expectations about what they might expect to recover from their medical negligence claim despite the massive verdicts that make headlines. Regardless of how much a plaintiff might recover, it is impossible to know what that number will be at the start of a case. One of the major factors in determining the value of a medical malpractice case is the severity of the injury, the nature of the medical mistake, medical costs, lost wages and other issues all play a part. Additionally, if the case is going to trial, no one can predict how much a jury might award someone who has been injured because of the negligence of a medical professional.
What we can promise every client is that we always do our best to recover as much compensation as we can. We understand the hardships that can arise when someone is injured and can’t work, and the medical bills are piling up, and the injury is affecting the person’s quality of life. We fight aggressively on behalf of every client for all the compensation they deserve.
How does my medical malpractice lawyer get paid?
At Mezrano Law Firm, like many other injury firms, we accept medical negligence cases on contingency. What this means is that you pay us a percentage of the total settlement or verdict amount after we win the case for you. With this type of arrangement, you enjoy the benefit of being represented by an experienced medical malpractice attorney without being required to pay them first.
Medical malpractice cases are complex, and they require a significant investment of resources, which your attorney advances on your behalf. This creates an incentive for our Mobile medical negligence lawyers to work diligently to recover as much compensation as possible for you.
Fighting for Alabama victims of preventable medical errors throughout the state
Dealing with life after a serious injury caused by medical negligence can be challenging. At Mezrano Law Firm, we are here to pursue justice for you in the form of fair compensation. Schedule a free consultation with a Mobile medical malpractice attorney by calling 205-206-6300 or filling out our contact form today.
If you have a case, you have a lawyer. Call us today to learn more about how we can help you.