When you seek medical care, you place immense trust in healthcare professionals. While most medical treatments proceed without issue, sometimes unforeseen complications or adverse outcomes occur.
If you suspect that your injury or worsening condition is due to a healthcare provider’s negligence, understanding Alabama’s specific medical malpractice laws is crucial, as they can be challenging to navigate without proper guidance.
The medical malpractice attorneys at Hare Wynn have a long and successful history of assisting individuals and families who have been harmed by medical negligence. For over a century, our firm has been an advocate for those seeking justice, and we bring a deep understanding of Alabama’s medical malpractice statutes to every case we handle.
What is Medical Malpractice in Alabama?
Sometimes, despite the best care, things don’t go as hoped. Medical malpractice specifically points to a preventable error or negligence. For a claim to be considered legitimate under Alabama law, several key elements must be present:
- A Professional Relationship: There must have been a doctor-patient relationship, meaning the healthcare provider had a responsibility to provide you with professional care.
- Deviation from Accepted Standards: The healthcare provider’s conduct (what they did or didn’t do) must have fallen below the standard of care that would be expected of a similar professional in a similar situation within the medical community.
- Link to Harm: The breach of this standard of care must be the proximate cause of your specific injury, illness, or the worsening of your condition.
- Demonstrable Losses: You must have suffered actual losses or damages, which can include financial costs (like medical bills or lost income) and non-financial impacts (like pain and suffering).
There is also an additional burden of proof in Alabama medical malpractice cases. You must prove your case by substantial evidence and by similarly situated experts.
Alabama’s Strict Statute of Limitations
Time is of the essence in medical malpractice cases in Alabama. The state has a very strict “statute of limitations,” which dictates the deadline by which you must file your lawsuit. Generally, you have two years from the date the alleged act of malpractice occurred to initiate a claim.
However, there are limited exceptions to this two-year rule:
- Discovery Rule: If the injury or cause of action was not discovered and could not reasonably have been discovered within the initial two-year period, you might have additional time. However, even with the discovery rule, a claim generally cannot be filed more than four years after the date the medical error occurred. This is a “statute of repose” and acts as an absolute outer limit.
- Minors: For a minor who is under four years of age when the malpractice occurs, they generally have until their eighth birthday to file a claim.
Missing these deadlines can result in your case being permanently dismissed, regardless of its merits.
Damages in Alabama Medical Malpractice Cases
If your medical malpractice claim is successful, you may be eligible to recover various types of damages, which are the legal term for monetary compensation for your losses. In Alabama, damages in medical malpractice cases can generally include:
- Economic Damages: These are quantifiable financial losses, such as:
- Medical expenses (both past and future)
- Lost wages or earning capacity
- Rehabilitation costs
- Costs of future care and necessary accommodations
- Non-Economic Damages: These compensate for less tangible losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent impairment
- Punitive Damages: These damages are intended to deter future wrongdoing. Punitive damages are the only damages available in wrongful death cases in Alabama, but punitive damages may also be available in other cases.
Unlike some other states, Alabama does not have a statutory cap on economic damages in medical malpractice cases. However, the calculation of these damages, especially future losses, can be complex and requires careful consideration of your individual circumstances.
Contact Us Today!
If you believe you have been a victim of medical malpractice in Alabama, don’t delay in seeking legal guidance. Contact Hare Wynn today for a free confidential consultation to discuss your situation and learn how we can help you pursue justice and recovery.
