Determining Medical Malpractice
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.
Defining Medical Malpractice
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.
Looking for a Legal Opinion?
If you have been harmed by a healthcare professional, the injury may be straightforward, but medical malpractice cases are almost always complex. If you or a loved one has been harmed while seeking medical treatment, contact our personal injury attorneys at Massey, Stotser, & Nichols, PC to help you with your case.