We have some of the best medical care in the world. Excellent medical facilities, advanced research, and well-educated health professionals provide unmatched benefits to patients.
Unfortunately, even with the best healthcare, mistakes that cause pain, disability, and even death can occur.
Medical malpractice happens when a nurse, doctor, or other medical professional fails to provide proper healthcare, harming the patient.
Some malpractice examples include:
- Injuries during childbirth
- Surgery mishaps
- Misdiagnosis
- Failure to order appropriate testing
- Leaving foreign objects in the body
- Poor aftercare and follow up
- Medication overdoses
Proving Medical Malpractice in Alabama
A medical malpractice claim in Alabama must meet the following criteria:
- A violation of the standard of care – Standard of care provides accepted processes and procedures for treatment. A violation occurs if the healthcare provider failed to treat the patient according to those standards.
- The injury was caused by negligence – The patient must prove that the malpractice was due to the violation of the standard of care.
- The injury resulted in significant damages – The patient must prove malpractice caused serious injury that would not have occurred if not for negligence of the medical professional.
Time Limitations to File a Claim
- Alabama has a two (2) year statute of limitations (beginning from the date malpractice was committed) to get the malpractice lawsuit filed in the state’s court system.
- If the cause of the injury is not discovered and could not reasonably have been discovered within the two-year window, then the claim may be started within six months from the date of discovery or date of discovery of facts that would reasonably lead to discovery, whichever is earlier.
- Even with the discovery exception, a plaintiff can’t file a claim more than four (4) years after the malpractice.
- For a claim to qualify as malpractice, a bar must be met. Simply being unhappy with your treatment, for instance, does not mean malpractice occurred. There is a large burden of proof for the plaintiff. Therefore, it is important to speak with an experienced malpractice attorney soon after injury.
Medical malpractice violates your trust and fails the medical community’s standard of care. If you or a loved one was injured or harmed due to malpractice, don’t hesitate to contact the experienced attorneys at Timberlake & League. We can help.