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 personal injury attorneys at the Fob James Law Firm today.
Proving a Medical Malpractice Claim
You must prove four elements to have a successful medical malpractice claim in Alabama. Speaking with a lawyer can help you determine whether you have a medical malpractice claim against a hospital.
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.
Dereliction occurs when the hospital’s actions deviate from the standard of care.
Direct cause means that the hospital’s deviation from the standard of care must directly cause your injury.
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 Case on Time
Statutes of limitations govern the time frame for filing lawsuits. If you fail to file your lawsuit within the applicable statute of limitations, you cannot file your case.
In Alabama medical malpractice cases, the statute of limitations 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 a Birmingham personal injury attorney today to find out the applicable statute of limitations governing your potential case.
Why You Should Contact a Birmingham Personal Injury Lawyer
If you’ve suffered an injury as the result of a hospital’s negligence, you should contact a personal injury lawyer 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, and
- 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 personal injury 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 today to schedule your free consultation.