Blog

Medical Malpractice in Alabama

Medical Malpractice Attorney Going to a doctor can be scary at times. Whether your doctor visit is for a routine check-up or you are dealing with an illness, going to the doctor can be an anxiety-provoking experience. When you go to the doctor, you trust him or her to take care of your medical needs, not harm you in any way. When your doctor harms you, you may wonder if there is some form or recourse you can take, especially if you now must seek additional medical treatment.

Though recourse may be available, medical malpractice suits are never easy and can become quite complex. Because of this, it is important to understand Alabama’s medical malpractice laws. If you or a loved one is seeking information in this area, it is in your best interest to contact an experienced Birmingham personal injury attorney to strategize about the best possible outcomes for your situation.

 

Medical Malpractice in Alabama

Medical malpractice is when a healthcare professional, such as a doctor or nurse, makes a mistake in your case that results in harm to you. In Alabama, you are given two years to file a lawsuit against medical personnel from the moment you know or reasonably should have known of the harm that has been caused to you, governed according to Code of Alabama section 6-5-482. However, this deadline can be extended an additional six months when the plaintiff can prove that the cause of action could not have been discovered or reasonably discovered within that two-year time frame.

It is important to note that even this has a deadline. The action must be filed within four years of the underlying medical error. For a lawsuit to be initiated, Alabama requires an expert to find that the care of the medical professional was breached or was not up to Alabama’s applicable medical care. If a medical breach is found, then a plaintiff is entitled to damages that compensate him or her for any injuries as well as past, present, and future medical costs.

The truth is that proving medical malpractice requires a lot more than what is stated here. It is invaluable to seek legal advice and representation if you believe that medical malpractice pertains to your case.

 

Need Legal Advice?

If you have been harmed by a healthcare professional, you should be compensated for your injuries. Though the harm that you faced may be straightforward, medical malpractice cases are almost always complex. If you or a loved one has been injured while seeking medical treatment, it is in your best interest to contact an experienced personal injury attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today.

Should You Sell or Keep the Family Home?

Divorce - Should You Sell or Keep the Family HomeWhen you get married, have children, and decide to invest into a home for your family, you do so without thinking that you will someday have to decide whether or not you should sell or keep your family home in the midst of a divorce proceeding. Yet, for some, this is reality. Though this reality can be frustrating and overwhelming, there are also things that can be considered “refreshing” about it. Though you may, understandably, be going through the motions, it is important to seek legal advice and/or representation before going through this process alone. If you or a loved one is seeking information in this area, it is in your best interest to contact an experienced Birmingham family law attorney so that we can strategize about the best possible outcomes for your situation.

To Sell or to Keep?

Deciding to sell or keep your family home can be a humbling experience. This decision can become a power struggle between you and your divorcing spouse, and it can become difficult for the both of you to make this life-altering decision. In many cases, there is one spouse who would like to keep the family home during a divorce while the other would like to sell the home. Though there are some situations in which you will have no choice about whether or not to sell your family home, such as if a judge orders it, many times you will have that choice, and there are certain things that should be considered. When deciding to sell or keep the family home, you should consider the long-term cost of keeping the home after a divorce, including the maintenance costs of the home. You should also consider if you can afford the house on your own without your divorcing spouse, your housing options if you choose to sell the home, the current real estate market, and most of all, the benefits of selling the family home and allowing yourself a “do-over.” These decisions can be difficult, however, seeking legal advice and representation can help you fully assess whether or not it is beneficial to sell or keep the family home during a divorce.

Need Legal Advice?

Though you may be frustrated and overwhelmed during this time, some positives could come along with deciding to start over. This process can be a complicated one, but you do not have to go at it alone. We are here to help you during your time in need. If you or a loved one is seeking more information about the divorce process, it is in your best interest to contact an experienced family law attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today.

Is Alabama a Common-Law Marriage State?

is alabama a common law marriage stateThere is nothing worse than when your loved one is sick or dying, not having the power to do anything about it. If this loved one is someone whom you have been in a relationship with for years or decades, then this could be a huge problem. This problem often comes in the form of inheritance issues if your significant other passes away without a will or maybe you are unable to sign health forms on your significant other’s behalf. Regardless of the issue, sometimes not being married to your significant other can come with serious consequences.

However, some states allow for common law marriages, but is Alabama one of them? Because of the potential issue you could have if you are not married to your significant other, it is important to seek legal advice and representation. If you or a loved one have been denied emergency treatment, it is in your best interest to contact an experienced Birmingham family law attorney so that we can strategize about the best possible outcomes for your situation.

Alabama’s New Law as of January 2017

In Alabama, common-law marriages are legal and binding, however, on January 1, 2017, this law will change. Under Alabama’s current law, to establish a common-law marriage both partners must be mentally capable of entering a formal relationship; it must be held out to the public that you are a married couple; the intent must be to enter a permanent relationship; and the relationship must be consummated.

If these elements are met, then a couple does not have to have a ceremony which is conducted by a public or religious official to be effective. However, this law will change on January 1, 2017 due to a bill that was signed on May 3, 2017 by Governor Robert Bentley. Though you may be worried how this will affect you and your common-law marriage, for any couple that have established a common-law marriage before this date, you will not be affected by this new law. Nonetheless, because of the importance of this new law effective January 1 and the impact that it can have on you and your loved one’s lives, it is important to seek legal representation and advice from an experienced Birmingham family law attorney.

Need Legal Advice?

Alabama was once a common-law marriage state, however, as of January 2017 Alabama’s law will no longer cover common law marriage. Because of this significant change in the law, it is invaluable to seek legal advice and representation to determine how this law will affect you and your significant other. All situations are different, and because of this it is in your best interest to contact an experienced Birmingham family law attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today!

Considering a Prenuptial Agreement in Alabama?

Marriage, it’s a beautiful thing. Though some people may feel nervous going into marriage, it affords them the chance to share their lives with the person they love. Though there may be several good reasons or someone to be anxious about marriage, one main reason is that his or her net worth is more than the future spouse’s. Sometimes, when this is the case, the spouses-to-be will enter into a prenuptial agreement. If you or a loved one is seeking information about prenuptial agreements in Alabama, it is in your best interest to contact an experienced Birmingham family law attorney so that we can strategize about the best possible outcomes for your situation.

Prenuptial Agreements are Not All Bad

In Alabama, a prenuptial agreement is a contract between two marrying people that lays out how a couple will decide certain situations that arise during the marriage. Depending on your circumstances, securing a prenuptial agreement may be the best decision for you and your future spouse. A prenup can be beneficial to anyone who has assets or debt or children from another relationship because it will ensure that certain things are in place upon the dissolution of a marriage. Pursuant to Alabama law, a prenuptial agreement must be in writing and signed by the spouse who is giving up certain rights as part of the agreement. These rights can pertain to alimony and spousal support, but in Alabama, prenuptial agreements cannot pertain to child custody or child support.

In order for the prenuptial agreement to be valid, both spouses must disclose their assets and debts to one another and this is best done through a certified financial statement. Though the financial agreement does not need to list everything in its entirety, there must be at least enough information for the contracting spouse to know what he or she is getting into. Because prenuptial agreements can become complicated, it is in your best interest to seek legal advice and representation if you are considering one, and for your future spouse to meet with an independent attorney, as well.

Need Legal Advice?

The misconception about prenuptial agreements can lead to a fair share of arguments, but prenups are not all bad and could even be the best thing for you and your future spouse depending on your circumstances. Because of this, seeking adequate legal advice and representation is invaluable to your case because an attorney can help you evaluate your situation. If you or a loved one is considering entering into a prenuptial agreement, it is in your best interest to contact an experienced family law attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today.

Alabama Joins Suit Against Drug Manufacturer

Opiod prescription has become one of the leading causes of drug addiction in the United States. Opiod addiction has become one of the leading causes of families being ruined, homelessness, and death. Though opiod addiction has always been prevalent in society, as of recent times it has and continues to increase.

Because of the importance of helping ourselves and our loved ones, the government, both local and national are cracking down on drug manufacturers as well as those who prescribe these drugs regularly. If you or a loved one have been subjected to drug addiction to drug manufacturers and prescribers, it is in your best interest to contact an experienced Birmingham personal injury attorney so that we can strategize about the best possible outcomes for your situation.

Alabama Joins In

As of late, Alabama has decided to join 34 other states in a lawsuit against drug manufacturers for blocking competition while inflating prices on Suboxone, which is used to treat opiod addiction. Suboxone is the brand name of a prescription that is used to treat heroin addiction, meth addiction, and other opiod dependency. It is supposed to help because it eases addiction cravings. The recent suit, in which Alabama has joined, claims that the parent companies of Suboxone, Reckitt Benskiser Pharmaceuticals and MonnoSol Rx, conspired to sell a more expensive form of the drug to keep all rights to the product active. In which case, Suboxone would be considered a safer alternative than other medications that has been pulled off the market.

This forces those who need this prescription, to pay more for Soboxone which limits their options to treat their opiod addiction. Suboxone has retailed for about $137 to $477 for a 30 day supply, with its annual sales being more than $1 billion. Because of the importance to treat opiod addictions, having a market that those addicted can afford is of the utmost importance and that is why Alabama has joined in on the suit. Because the amount of opiod addicts have and continues to increase, it is beyond beneficial for those addicted to be able to seek other medications that are more affordable.

Need Legal Advice?

Drug addiction is never easy. It takes a toll on family life, on yourself, as well as your professional life. Though you may believe that you are alone, you are not and help can be offered. Because of the importance of your life or your loved one’s life, it is in your best interest to seek legal advice and representation. Because all situations are different, it is in your best interest to contact an experienced Birmingham personal injury attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today.