Medical malpractice is a legal liability due to negligence on the part of a doctor or medical corporation that has treated you. In order to prove this negligence, you must prove three things. That the doctor had a duty to you, the doctor did something while treating you that no reasonable doctor would have done in the same circumstances, as a result of this action you were injured, and that it was the doctor’s errors in treatment that caused this injury. Some of these may seem similar, but they are worded in such a way due to law terminology.
|Alabama State Tort Law|
|Statute of Limitations||Two years from date of original injury or six months after injury was discovered. After four years from the original injury, a suit may not be brought.|
|Damage Award Limits||Limits have been declared unconstitutional by Alabama State Supreme Court|
|Joint Defendant Liability||There is no separation of liability|
|Expert Witness||The expert witness must have practiced in the last year, and be licensed in the same specialty as the defendant|
|Attorney Fees||Alabama has no limits on attorneys fees|
Medical Malpractice law in Alabama does allow you to receive monetary compensation for mistakes made by a doctor when treating you. Even if the mistake was made by a corporation and not a single doctor, you stand a good chance of receiving some compensation. It differs with each case whether or not a single doctor or the whole staff of the corporation will be determined to be at fault. The state of Alabama requires a doctor or corporation to post a bond and carry medical liability insurance in order to cover such cases as this.
Medical Malpractice law in Alabama covers the rule of informed consent. What this means is that a doctor that is going to perform a treatment on you, must have your informed consent before hand in order to do so. In other words, the doctor must inform you about what the medical treatment entails, what procedures will be used, what drugs if any will be used, what surgery will be performed, and any side effects that may occur. If a doctor does not receive your informed consent before performing a treatment, then it is usually a good case for medical malpractice.
With the crisis of so many people being addicted to pain killers, it is becoming a regular case. However, it is only medical malpractice if the patient was not warned before he or she was prescribed the painkillers. The information doesn’t have to be by mouth, it can be in the paperwork given to the patient beforehand. Hopefully, you have learned a bit more about the basics of medical malpractice in Alabama due to this article and have a better idea whether or not you have a case.