Alabama Medical Malpractice Lawyer

Trusted Medical Negligence Lawyers Fighting for Families

Medical malpractice is a preventable medical error that causes patient injury, death, grief, and pain. As patients, we place a significant amount of trust in our doctors and other healthcare providers, so when a doctor acts negligently and causes 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.

How Much Does a Personal Injury Lawyer Cost?

Medical Malpractice Lawyer

Most malpractice lawyers work on a contingency fee basis. This means the law firm doesn't charge for the consultation and only takes money if you win a settlement or court. This ensures you don't have any upfront costs and that the attorney works hard for the best possible outcome. A few other areas of practice that are contingency based are:

What is the Statute of Limitations on Medical Malpractice?

In the state of Alabama, the statute of medical malpractice is two years. This deadline to file a claim against a hospital or medical professional means you must call or reach out to Mezrano Law Firm as soon as you think you might have a case.

Statute of Limitation Exceptions

There is also the discovery rule, which is an exception to the two-year deadline. The discovery rule is for circumstances where the injured person could not have known about the medical negligence. 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 statute of limitation has passed.  Additionally, if a child was under four when the malpractice injury occurred, they have until their 18th birthday to file a lawsuit.

We understand that there's pain, suffering, confusion, and even a little shock when you are injured by someone meant to help you. That's why our team of medical malpractice lawyers will help review what happened and determine if you have a case or not. Our injury lawyer consultations are always free, so reach out today.

What Constitutes Medical Malpractice?

Medical malpractice is any act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice. When this deviation from the norms within the medical community causes an injury to the patient, it's considered medical malpractice. Common types of medical malpractice cases often involve:

  • Anesthesia errors
  • Birth injuries
  • Brain injuries and traumatic brain injuries
  • Cancer misdiagnosis
  • Emergency room errors, delays, and negligent treatment
  • Failure to diagnose or misdiagnose of a severe 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 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 look at errors, accidents, injuries, and infections.

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 Required to Prove a Malpractice Case in Alabama?

Not every mistake a doctor makes rises to the level of malpractice. If you are injured because of a medical mistake and wish to pursue compensation for your injuries, then the burden of proof is on you or your legal team. A few things that must be established to build a strong case:

  • Proof that a doctor-patient relationship existed
  • Proof the doctor's actions deviated from the accepted standard of care for their specialty
  • Evidence of what the patient suffered because of the medical malpractice.
  • Evidence that the doctor's breach of his or her duty was the direct cause of the injury

Your legal team also must 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. Your medical malpractice lawyers must also prove these elements through expert medical testimony.

What Damages Are Available in a 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)

How Much is the Average Medical Malpractice Settlement

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 are responsible for 27.5% of all medical malpractice awards. Of the upwards of 25,000 to 120,000 deaths yearly due to medical negligence, only about 2.9% of medical malpractice victims will file claims.

The payout 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

How Can Mezrano Law Firm Help Me?

Medical malpractice cases are incredibly complicated and require significant resources to prepare a case for trial. Doctors and medical facilities have a lot of money, attorneys of their own, and are experienced in settling with a less desirable outcome. Our medical malpractice lawyers will aggressively fight to get you the most compensation possible under the law. You have rights, and it's our job to protect them and help you get your life back.

Call 205-206-6300 or contact us today to learn more about your potential claim.

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