When you seek medical assistance for an injury or illness, you expect the medical provider will treat you with professionalism and compassion.
You don’t expect your doctor to make a mistake or endanger your life. Unfortunately, some doctors do make errors, and their treatment falls below the accepted standard level of care. When this happens, you are the one who suffers additional consequences.
If you suspect a medical provider was negligent and caused you harm, you must speak with our experienced medical malpractice lawyers in Montgomery, AL.
At Fob James Law Firm, we have decades of experience litigating medical malpractice claims in Alabama. We understand what a traumatic and stressful time this is for you and your family.
Let us be your legal advocate and help you ensure the medical provider is held accountable for their actions.
What Does Alabama Law Consider Medical Malpractice?
If a medical provider fails to exercise reasonable care, diligence, and skill that another similarly situated healthcare provider in the same line of practice would exhibit, then they are likely negligent.
As the claimant, you must prove the medical provider breached the standard of care. This requirement is similar to a standard negligence action where you need to show four elements:
- Causation, and
You must show that the medical provider owes you a duty, which is easy if you are an established patient. Once you establish duty, you need to show the defendant breached the duty by providing negligent medical care.
Next, you must show the breach of duty is what caused your injuries. If your injuries aren’t directly related to the breach of care, you don’t have a medical malpractice claim.
The final element is damages. That means you must show some loss from the malpractice. For example, if you had to seek additional medical treatment, then you would have medical bills.
When you retain our medical malpractice lawyers in Montgomery, Alabama, we will conduct a thorough independent investigation and gather documents to support your loss.
Typical Damages in a Montgomery Medical Malpractice Case
Your damages are an integral part of your claim as they help determine the potential settlement amount of your case. You could be entitled to compensation for some or all of the following damages:
- Surgery and rehabilitation costs,
- Lost earnings to date and future loss of earning capacity,
- Past and future medical expenses,
- Pain and suffering,
- Mental anguish, and
- Disfigurement and disability.
If a doctor’s malpractice caused you harm, you could be entitled to collect compensation for any of the above. Please speak with our experienced medical malpractice lawyers in Montgomery, AL, to discuss your potential case value.
Filing Deadline for Medical Malpractice in Alabama
There are strict filing deadlines in place that could affect your ability to recover compensation. You must file a lawsuit within the allotted time frame.
If you don’t, the court could dismiss your case, causing you to forfeit the right to compensation.
In most cases, the statute of limitations for medical malpractice in Alabama is two years from the date of the incident. However, there is something called the discovery rule that could provide you with additional time to file.
This rule applies only in cases where you have no reasonable way of knowing malpractice occurred in those two years.
In this situation, you have six months from the date of discovery or the date of discovery of facts that should’ve led you to discover the malpractice, whichever is earlier.
However, that does not mean you have an unlimited number of years to file under the discovery rule.
Alabama’s statute of repose for medical malpractice places a firm and absolute deadline on your ability to file a lawsuit, regardless of the discovery rule.
A medical malpractice lawsuit cannot commence more than four years after the malpractice took place. The only exception to this rule is for a minor child, which has a separate deadline.
Contact Our Medical Malpractice Lawyers in Montgomery, Alabama
Reaching out to a skilled lawyer is vital in medical malpractice cases. At Fob James Law Firm, we can help evaluate your case, assess your damages, negotiate with the defendant’s insurance company, and fight for your rights.
We have decades of experience litigating medical malpractice claims and are here to help you every step of the way. Contact our office today or call us at 334-739-9000 to schedule an initial consultation.
We offer free, no-obligation case reviews and are ready to discuss your case with you. Let us put our expertise to work and protect your rights in a Montgomery medical malpractice case.