Understanding The Medical Malpractice Statutes

Negligence on the part of a healthcare professional may have serious consequences for the patient

. It is considered a breach of the duty to care and is legally termed medical malpractice. Each US state has specific statutes regarding the civil lawsuit for damage recovery in case an injury occurs due to medical malpractice. You need to consult a medical malpractice attorney to know the details of the Alabama state laws.

However, before you do so, here are bits of information regarding medical malpractice laws in Alabama that may come in handy.

Statute of Limitations: Alabama Code 6-5-482 (1993) directs that medical malpractice claims must be filed within two years from the incident. However, if the discovery of the injury is not possible within this period, the plaintiff has 6 months to file a case after the discovery.

(Note: You cannot file a medical malpractice case in Alabama after 4 years of the discovery. The only exception is in case of the injury to a minor under 4 years of age, where you can file the case until his/her 8th birthday.)

Comparative Negligence: Alabama follows the pure doctrine in this regard. If the victim is proximately a contributor to the injury, there is no way he/she can recover any damages. You need to talk to your medical malpractice attorney to know whether any such detail in your case may hamper your chances to get the compensation.

Liability Joint and Several: In case of an indivisible injury that results from two or more entities, each has liability, joint and several, for the incident. Suppose you suffer injuries because of a surgery gone wrong and the physician to whom you went later misdiagnosed it. The surgeon and the physician are jointly and severally responsible if you suffer from serious medical consequences.

Expert Testimony: You need to prove negligence of the medical professional/facility with the help of expert testimonials. Your Alabama medical malpractice attorney can help you find medical experts who can testify at a court of law. The only exception when you do not require expert testimonial is when the injury is understandable from common sense. For example, a foreign object remains inside the body after a surgery.

Damage Caps: A certain Alabama statute puts a limit on the amount of non-economic damages in case of medical malpractice related injuries. However, this statute is considered as unconstitutional as per the directives of the State Supreme Court. There is no maximum limit to the amount of damage recovery as the effects of one case differ from another in various aspects.

These are just a few details of the laws and statutes adopted and followed in Alabama. You need the help of a competent medical malpractice attorney to guide you through the legal proceeding. Visit www.softzlawyerdirectory.com to find the best one.

by: James Blatt

POST COMMENT

Safe Handling of Hazardous Drugs is indispensable in all Workplaces Cannot Trust Human Staff Anymore? Bank on Medical Answering System Information on Subutex for Withdrawal from Drug Abuse Orange County California Residential Drug and Alcohol Treatment How natural medicine can help you Seeking A Medical Transcription Degree For A Ray Of Hope Medical Malpractice - A Menace To Be Handled With Alacrity! Medical Malpractice - Know Your Rights And Avail An Expert Assistance! Medical Malpractice - A Menace to Be Ended Systematically & Completely! Help for Drug and Alcohol Abuse Where Do You Find Cheap Medical Transcription Training? Aarkstore Enterprise--- Evolving Medical Information Call Centers Through Performance Measurement An CNA Training - Fulfilling the Demands of the Medical Field