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Medical Malpractice in Alabama

Have you suffered serious health problems because of an Alabama doctor's misdiagnosis? Has a loved one died because of a hospital's mistakes? If so, you may have grounds for an Alabama medical malpractice lawsuit. An Alabama medical malpractice attorney can review the specifics of your situation and explain your legal options.

What Is Medical Malpractice in Alabama?

Medical malpractice is among the most misunderstood areas of law. That's because very specific legal requirements must be met for there to be a valid claim. Briefly, a healthcare professional (such as a doctor, nurse or hospital) must have made a mistake and you must have been harmed as a result of that mistake. But what qualifies as a mistake?

First, you need to understand a concept known as the standard of care. The standard of care is defined as the generally accepted manner of treating similar patients in the same geographic area with the same condition. For example, the standard of care for treating a 20-year-old man with type 2 diabetes in Birmingham might be different than the standard of care for treating an 80-year-old woman with type 2 diabetes in New York.

To have a valid medical malpractice case, you must prove that the doctor didn't follow the standard of care for diagnosing or treating your medical condition.

Next, you must show that you (or your loved one) were injured as a result of the mistake.

If you and your Alabama medical malpractice lawyer can show both that the healthcare professional breeched the standard of care and that you were harmed, you have a valid Alabama medical malpractice case.  Learn more about what a medical malpractice lawyer looks for in a case.

Alabama Medical Malpractice Statute of Limitations

The American legal system places time limits on how long you have to sue another party. This is known as the statute of limitations. In Alabama, the statute of limitations for medical malpractice cases is two years. That means you have two years from the date of the mistake to file a medical malpractice lawsuit in the state of Alabama.

If you could not have reasonably known about the doctor's mistake within two years, then you have six months following the discovery to file a lawsuit.

If a loved one died as a result of a healthcare provider's medical negligence, an Alabama wrongful death lawsuit must be filed within two years of the person's death.

Understand that the statute of limitations is the timeframe in which a lawsuit must be filed. The lawsuit itself may take longer to resolve, and that is acceptable.

If you fail to file an Alabama medical malpractice lawsuit within two years of the medical mistake or within six months of discovering the mistake, your lawsuit will be dismissed. Alabama medical malpractice lawyers can review your situation and tell you when the statute of limitations expires.

Damages in Alabama Medical Malpractice Cases

If you and your Alabama medical malpractice attorneys win your lawsuit, you will be entitled to what are known as damages. This is money that's paid to compensate you for your injuries. You may also receive what are known as punitive damages, which are designed to punish the medical professional(s) for their mistakes.

Find & Hire Medical Malpractice Attorneys in Alabama

As soon as you suspect that you've been harmed as a result of a medical professional's mistake, you should contact a medical malpractice attorney in Alabama. The lawyer can review the specific facts of your case (including your medical records) and determine whether you have a valid claim.

Medical malpractice law falls within what is generally known as personal injury law. You'll want to hire an Alabama personal injury lawyer who primarily represents medical malpractice victims. That's because these lawyers will have the most extensive understanding of medicine and the standard of care in Alabama.

Most medical malpractice lawyers in Alabama represent clients on a contingency fee basis. That means you only pay the attorney if your lawsuit is successful and you win money from the defendant. A medical malpractice lawyer in Alabama is typically paid a percentage of any money that's won, and will also be reimbursed for any expenses incurred in preparing and trying your case.

Do you need help finding an Alabama medical malpractice lawyer? If so, you've come to the right website. Whether you live in Mobile, Huntsville, Birmingham or elsewhere in Alabama, Attorneys.com offers a free service that can quickly connect you with local Alabama malpractice attorneys. Complete the short form on this page or call us at 877-913-7222, and we'll quickly match you with a local lawyer.

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