Explaining Alabama Medical Malpractice Law
Medical professionals have a high burden in terms of providing appropriate and necessary care, and sometimes, unfortunately, mistakes happen. While statistics have estimated that medical errors are common enough to be the third leading cause of death in the U.S., new estimates report lower figures – but regardless, medical negligence and malpractice do happen, and if you have been victimized, you have the right to seek compensation.
Being harmed by a negligent medical professional can throw anyone for a loop – going to a person you trust, only to sustain harm, can be overwhelming. Our Birmingham medical malpractice attorneys at Goldasich, Vick & Fulk can help guide you through the process of seeking damages, which can be difficult to navigate successfully without help. We will work to give you the best chance at recovery.
What To Know Before Filing
In Alabama, there are several different components that make up a medical malpractice claim. Most of them are laid out in the Alabama Medical Liability Act (AMLA), which essentially lays out the criteria to make such a claim successfully, while also providing safeguards to ensure that medical professionals are not unfairly treated. It specifies certain details that a plaintiff must keep in mind if they choose to file suit against an allegedly negligent provider.
One of the most important, for example, is that the plaintiff is the party with the burden of proof. In other words, it is up to the plaintiff to establish that the defendant medical practitioner acted in a way that deviated from the appropriate standard of care. A plaintiff must show that the defendant failed to act with the ordinary “care, skill, and diligence” of a similarly situated medical professional when faced with a like case – and this is not always easy to do.
Act Fast!
Another important factor that an injured plaintiff needs to remember when filing suit for medical malpractice is that expert testimony is required at multiple points. Because medicine is such a complex, wide-ranging discipline, Alabama’s legislature has stated that an expert’s testimony is required. State law requires an injured plaintiff to obtain what is known as an affidavit of merit before they can file suit, which must be signed off on by an expert – it states that the plaintiff believes in good faith that there is a basis to file suit. Expert testimony is also necessary in most cases to establish the specific standard of care.
All this notwithstanding, it is also important to be aware that Alabama law only allows a two-year statute of limitations in cases involving medical malpractice. What this means is that an injured person only has two years from the date of their injury (or the date they should have discovered the injury) in which to file a lawsuit – and while this may seem like a long period of time, it passes much faster than one imagines. To miss the window of the statute of limitations means that a person’s claim is forever barred.
You Deserve Fairness – Call Our Attorneys Today
Being victimized by a medical professional’s error can feel like a betrayal; if you have been seriously injured, you have the right to seek damages for the harm you have experienced. Our Birmingham medical malpractice attorneys can help you get the closure you deserve. Call Goldasich, Vick & Fulk today at (205) 731-2566 to schedule a consultation.
