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Filing a lawsuit against a hospital falls under the category of medical malpractice law.

If you’ve suffered injuries as the result of a hospital’s negligence, you might be entitled to compensation.

Suing a hospital for negligence requires lawyers to ensure that your claim satisfies four elements and can be filed on time.

It is important to understand that most of the time you cannot sue a hospital for a doctor’s negligence because doctors are usually independent contractors.

You must prove that the hospital itself was negligent to file a lawsuit against it.

Lawyers must also consider whether you were partially at fault for causing your injury.

In Alabama, partial fault completely bars you from recovering damages.

To begin the process of filing a lawsuit against a hospital in Birmingham, you should contact our experienced Birmingham medical malpractice attorneys for assistance.

Call (205) 407-6009 or send us an online message today for a free consultation.

How to Prove a Medical Malpractice Claim

You must prove four elements to have a successful medical malpractice claim in Alabama.

Speaking with a medical malpractice lawyer in Birmingham can help you determine whether you have a medical malpractice claim against a hospital.

1. Standard of Care

In medical malpractice cases, hospitals must adhere to the standard of care.

The standard of care is the generally accepted manner of treating similarly situated patients in the same geographic area with the same condition.

The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.


2. Dereliction

Dereliction occurs when the hospital’s actions deviate from the standard of care.

3. Direct Cause

Direct cause means that the hospital’s deviation from the standard of care must directly cause your injury.

4. Damages

Finally, you must show that you suffered damages to prove a successful medical malpractice claim. Damages can be in the form of physical, emotional, and economic harm.

Filing Your Medical Malpractice Case on Time

Statutes of limitations govern the time frame for filing lawsuits. If you fail to file your lawsuit against a hospital within the applicable statute of limitations, you cannot file your case.

In Alabama, the statute of limitations for medical malpractice cases is generally two years.

As a result, you must file your case within two years of the date of the medical procedure that caused your injury.

If you did not and could not have reasonably discovered your injury within the two-year period, you have six months from the date you discovered it to file your case.

However, you must file a medical malpractice lawsuit within four years of the date of the underlying medical procedure, regardless of when you discovered your injury.

Speak with an attorney today to find out the applicable statute of limitations governing your potential case.

Why You Should Contact a Birmingham Medical Malpractice Attorney

If you’ve suffered an injury as the result of a hospital’s negligence, you should contact a medical malpractice lawyer in Birmingham, Alabama as soon as possible.

Hiring a lawyer eases the burden of navigating the medical malpractice claims process, allowing you to focus on your recovery.

Additionally, a lawyer increases your chances of winning your lawsuit and receiving damages.

Damages in medical malpractice cases can include: 

  • Lost wages
  • Medical expenses
  • Diminished earning capacity
  • Pain and suffering
  • Loss of enjoyment of life

In cases where the hospital’s breach of the standard of care was extreme, you might receive punitive damages.

Our aggressive Birmingham medical malpractice attorneys at the Fob James Law Firm are dedicated to representing people who have suffered an injury due to another’s negligence.

We will use our big-firm resources combined with our small-firm culture to represent you in your lawsuit against a hospital.

Contact us online or call (205) 407-6009 today to schedule your free consultation.

Author Photo

Fob James

Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.