When doctors and medical personnel make a serious mistake, patients like you are left alone, wondering if negligence occurred. More importantly, what can you do about it? Skilled Alabama medical malpractice attorneys prove negligence by connecting a breach of care to an injury. They also consult and retain expert witnesses to strengthen a case.
While these strategies don’t guarantee a settlement or verdict in your favor, you can rest knowing you have the strongest case possible.
What “Proving Negligence” Actually Means in a Medical Malpractice Case
Medical malpractice cases are among the most complex in personal injury law. Malpractice cases have a heavy burden of proof. The plaintiff must prove that a medical professional was negligent and that they didn’t fulfill their obligations.
So, how do you build a medical malpractice case in Alabama? A legal team must prove these four elements.
- A duty of care existed between the provider and patient
- The provider breached the standard of care
- The breach caused the injury
- The injury caused real damage to the patient
Our Alabama medical malpractice attorneys build strong cases to win. We conduct a thorough review of your medical records and history. At Alexander Shunnarah Trial Attorneys, we have the funds and resources to hire expert witnesses as well.
The Role of Expert Witnesses in Alabama Malpractice Cases
In a strong medical malpractice case, expert testimony is essential. Juries are not medical professionals. They need a qualified expert to explain, in plain terms, what should have happened and what went wrong. Even a well-documented case can fail without an expert witness.
Finding and retaining the right expert takes time and resources. Their credentials, experience, and credibility in front of a jury all matter. Expert witnesses are used at multiple stages of a case:
- During the pre-suit investigation to evaluate whether a claim has merit
- In depositions, where the defense challenges the expert witnesses’ opinions under oath
- At trial, where expert witnesses present their findings to the jury
Hiring and interviewing expert witnesses is one of the most resource-intensive aspects of a medical malpractice case.
How Alabama’s Medical Malpractice Statute of Limitations Works
Time is one of the most critical factors in any medical malpractice case. Alabama’s medical malpractice law gives you two years from the alleged malpractice date to file a lawsuit. However, there are certain exceptions.
One important exception is the discovery rule. Could the patient have reasonably discovered the malpractice at the time it occurred? The two-year clock begins from the injury’s discovery date, or when the injury should’ve been discovered.
A four-year limit and a special rule for minors are other important exceptions. In Alabama, medical malpractice lawsuits are capped at four years, regardless of when the harm is discovered. You can’t file a claim more than four years after the date of the alleged misconduct. However, if the injured patient is a child, Alabama law may accommodate.
Overall, the medical malpractice statute of limitations in Alabama is very specific. Confirm your legal options with one of our Alexander Shunnarah Trial Attorneys team members. We have seven offices throughout the state.
Common Types of Medical Malpractice Claims in Alabama
Medical negligence can occur in any healthcare setting. When you understand the most common types of claims, you can better recognize when something goes wrong. We’ve handled medical malpractice claims built on the following situations.
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication administration mistakes
- Birth injuries
- Anesthesia errors
Are you unsure if your situation applies? Read our guide for what qualifies as a medical malpractice claim.
Common Questions About Alabama Medical Malpractice Attorneys
You trusted a doctor’s office or hospital to protect you and your well-being. When they betray that trust, you need straightforward answers, not excuses. These are the most common questions our attorneys receive from folks like you.
What can I expect when working with a medical malpractice attorney?
An Alabama medical malpractice attorney reviews your medical records and consults with expert witnesses. They review the facts to build a legal case that proves malpractice occurred and caused you pain. They also handle all communication with the defense and insurance companies. If both sides can’t settle, they take your case to trial.
How long do I have to file a medical malpractice claim in Alabama?
Alabama’s medical malpractice statute of limitations is generally two years from the date of the negligent act. An absolute four-year cap also applies, regardless of when the injury was discovered. Certain exceptions may apply for minors or cases involving concealed injuries. An attorney can advise you on your specific deadline.
How do I know if I have a medical malpractice case in Alabama?
You need to show that a healthcare provider breached the accepted standard of care. Then, the breach must have directly caused your injury. However, a bad outcome alone does not confirm malpractice. The provider must have acted in a way that a reasonably competent professional in the same field would not have.
Do I need an expert witness for a medical malpractice case in Alabama?
In most cases, yes. Alabama law requires expert testimony to establish the standard of care and explain how the defendant deviated from it. But this is not your responsibility. Instead, your attorney is responsible for finding, retaining, and preparing qualified experts to support your claim.
How much does it cost to hire a medical malpractice lawyer in Alabama?
Most medical malpractice lawyers, including Alexander Shunnarah Trial Attorneys, work on a contingency fee basis. You pay nothing unless your case results in a settlement or a verdict in your favor.
Trust Alexander Shunnarah Trial Attorneys With Your Medical Malpractice Case
Incorrect medication. A missed diagnosis. Surgical errors. Medical malpractice cases are among the hardest personal injury cases to win. They’re also the most important to get right. At Alexander Shunnarah Trial Attorneys, we’ve spent more than 20 years fighting for patients hurt by negligent healthcare providers.
We have the resources to take on hospitals, insurance companies, and large medical systems. Schedule a free case review at one of our seven Alabama offices today. Find us in Auburn, Birmingham, Gadsden, Huntsville, Mobile, Montgomery, and Prattville.
