MEDICAL MALPRACTICE recovery LAW

Medical malpractice refers to a situation where a healthcare provider deviates from accepted medical standards of care, resulting in harm to a patient. In Alabama, as in other states, medical malpractice is a serious issue that is governed by a complex interplay of laws, regulations, and precedent.

Types of Medical Malpractice

• Misdiagnosis or Failure to Diagnose: This occurs when a healthcare provider either fails to accurately diagnose a patient’s condition or fails to diagnose it altogether. The misdiagnosis can lead to incorrect treatment, delayed treatment, or no treatment at all, causing the patient's condition to worsen.

• Surgical Errors: These are mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to tissues or organs. 

• Medication Errors: This includes prescribing the wrong medication, incorrect dosage, or failing to consider a patient’s allergies or other medications that may interact adversely.

• Anesthesia Errors: Similar to medication errors, anesthesia errors can include administering too much or too little anesthesia, or failing to monitor a patient properly while they are under anesthesia. This can result in severe injuries or death.

• Birth Injuries: These are injuries that occur to a baby during the birthing process. This can include brain injuries, fractures, or nerve damage that could have been avoided with the proper standard of care.

• Lack of Informed Consent: A healthcare provider must inform a patient of all the risks, benefits, and alternatives before performing any procedure or treatment. Failing to do so can be considered medical malpractice.

What is required to prove a Medical Malpractice claim in Alabama?

Proving a medical malpractice claim in Alabama is a complex process, and it requires satisfying several legal elements:

• Establishing a Doctor-Patient Relationship. The plaintiff must prove that there was a doctor-patient relationship, meaning that the healthcare provider agreed to be hired by the patient, and the patient agreed to be treated by the healthcare provider.

• Proving Negligence. The plaintiff must prove that the healthcare provider was negligent in their treatment or diagnosis. This means that the healthcare provider did not meet the standard of care that a reasonably competent healthcare provider would have met under similar circumstances.

• Establishing the Standard of Care. This is a crucial aspect of a medical malpractice claim. It refers to the level of care and skill that a similarly trained and experienced healthcare provider would have provided in a similar situation. Establishing the standard of care often requires expert testimony from medical professionals who can attest to what a competent healthcare provider would have done under the circumstances.

• Proving Causation. This is one of the most challenging aspects of a medical malpractice claim. The plaintiff must prove that the healthcare provider’s negligence directly caused the injury or harm. This means showing that, but for the healthcare provider’s actions, the patient would not have suffered the harm.

• Proving Damages. The plaintiff must demonstrate that they have suffered actual harm or damages because of the healthcare provider’s negligence. This can include physical pain, mental anguish, additional medical bills, loss of earning capacity, or any other losses that are a direct result of the malpractice.

Noteworthy Aspects of Alabama Medical Malpractice Law

• The Alabama Medical Liability Act. Alabama’s medical malpractice laws are primarily governed by the Alabama Medical Liability Act. This Act has various provisions that are specific to medical malpractice claims, such as requiring a plaintiff to file an affidavit of merit from a qualified healthcare provider, stating that the claim has merit.

• Statute of Limitations. In Alabama, the statute of limitations for filing a medical malpractice claim is two years from the date the injury was discovered, or reasonably should have been discovered. However, there is an exception that claims cannot be filed more than four years after the actual date of the act constituting alleged malpractice, except in cases where a foreign object has been inadvertently left in a patient's body.

• Contributory Negligence Doctrine. Alabama is one of the few states that still follows the doctrine of contributory negligence. This means that if the plaintiff is found to have contributed in any way to their own injury, no matter how small, they are barred from recovering any damages. This makes it even more essential for the plaintiff to build a strong case.

• Damage Caps. Alabama does not impose a cap on the damages that can be awarded in medical malpractice cases, except for punitive damages. Punitive damages are limited to three times the compensatory damages or $1.5 million, whichever is greater.

• Expert Testimony Requirements. In most medical malpractice cases, expert testimony is essential. An expert witness, usually a healthcare professional, must provide testimony to establish the standard of care and explain how the defendant failed to meet this standard. In Alabama, the expert must practice in the same specialty as the defendant and must have been actively practicing or teaching in their field within the past five years.

• The Alabama Medical Review Panel. Before proceeding to court, the Alabama Medical Review Panel evaluates malpractice claims. The panel, typically comprising of healthcare professionals and an attorney, evaluates the evidence and provides an opinion on whether the healthcare provider breached the standard of care. Although the opinion is non-binding, it can be used as evidence in a subsequent trial.

Medical malpractice cases in Alabama involve a complex interplay of facts and legal principles. The burden of proving that a healthcare provider deviated from the standard of care and that this deviation directly caused harm is on the plaintiff. It is crucial for the plaintiff to meticulously prepare their case, often with the necessary help of legal and medical experts. Additionally, it is essential to understand and navigate the specific laws and regulations in Alabama that govern medical malpractice claims, including the Alabama Medical Liability Act, the relevant statute of limitations, contributory negligence doctrine, and the role of the Alabama Medical Review Panel. Victims of medical malpractice should consult an experienced attorney who handles medical malpractice claims in Alabama to ensure that their rights are protected and that they receive the compensation they deserve for the harm suffered.

Snable Stevenson & Silva Can Help You to Recover

At Snable Stevenson & Silva, we understand the devastating effects that medical malpractice can have on individuals and their families. Our seasoned attorneys are committed to fighting for justice and compensation for victims of medical malpractice. With our wealth of experience, relentless advocacy, and client-focused approach, we’re well-equipped to help clients navigate the complex legal landscape and ensure their rights are upheld.

In-Depth Legal Knowledge

Our law firm is adept at handling medical malpractice cases, and our attorneys have an in-depth understanding of the relevant laws and regulations. We stay abreast of the latest legal developments, which enables us to strategically handle your case based on the most recent precedents and rulings. Knowledge of the Alabama Medical Liability Act, the statute of limitations, damage caps, and contributory negligence is critical to the successful representation of our clients.

Personalized Representation

We recognize that each case is unique. Our team will take the time to understand your specific situation and tailor our legal strategy accordingly. By comprehensively analyzing the details of your case, we will be able to formulate an approach that aligns with your objectives and the nuances of your claim.

Gathering Critical Evidence

Medical malpractice claims often hinge on the quality of the evidence presented. At Snable Stevenson & Silva, we understand the importance of meticulous evidence gathering. Our legal team will work closely with medical experts to review your medical records and gather crucial evidence that establishes the standard of care and how it was breached. We will also identify and interview witnesses and compile documentation related to your injuries and losses.

Expert Collaboration

Successfully proving medical malpractice requires expert testimony. We have cultivated relationships with esteemed professionals in various medical specialties. These experts play a pivotal role in establishing the standard of care and illustrating how the defendant's conduct fell short. Their testimonies can significantly bolster the strength of your case.

Thorough Damage Assessment

Our law firm will conduct an exhaustive assessment of the damages you’ve suffered as a result of the malpractice. We take into account both economic and non-economic damages including medical expenses, lost wages, pain and suffering, and loss of quality of life. We also evaluate the potential for future expenses and losses, ensuring that the compensation sought reflects the full scope of the harm inflicted.

Negotiation and Litigation Skills

Snable Stevenson & Silva's attorneys are skilled negotiators and litigators. We will tirelessly work to reach a fair settlement, but we are not afraid to take the case to court if a just settlement cannot be attained. Our trial experience, coupled with our ability to present compelling evidence, places us in an advantageous position to fight for the maximum compensation available under the law.

Navigating Bureaucratic Hurdles

Medical malpractice cases often entail interacting with insurance companies and medical review boards. Our law firm is experienced in handling these interactions and will ensure that all the necessary steps are taken to adhere to procedural requirements.

Ethical and Compassionate Counsel

At Snable Stevenson & Silva, we pride ourselves on our integrity and compassion. We understand the emotional toll medical malpractice can take on victims and their families. As such, we provide compassionate counsel, ensuring that you are supported and informed throughout the legal process.

Accessible Communication

We believe in transparent and open communication with our clients. You will be regularly updated on the progress of your case and involved in key decision-making processes. Our attorneys are accessible and are more than willing to address any concerns or questions you may have.

Contingency Fee Structure

Our law firm handles medical malpractice cases on a contingency fee basis, which means you do not pay any legal fees unless we successfully recover compensation on your behalf. This ensures that you can pursue your medical malpractice claim without any financial strain or risk.

Meticulous Preparation

Preparing for medical malpractice litigation requires diligence and precision. At Snable Stevenson & Silva, our attorneys are detail-oriented, ensuring that every aspect of your case is meticulously prepared. This includes making sure all documents are filed on time, thoroughly reviewing medical records, and being prepared to counter any defense tactics.

Community Reputation

Our firm has built a solid reputation in the community for providing top-notch legal representation in personal injury law cases. Our previous successes and the testimonials of former clients attest to the quality of our services. Our reputation can also have an impact on the proceedings, as judges, juries, and opposing counsel are likely to be aware of our track record.

Snable Stevenson & Silva offers a combination of extensive legal knowledge, client-focused representation, and a relentless pursuit of justice. Our attorneys are skilled in gathering and presenting evidence, collaborating with medical experts, negotiating settlements, and litigating in court. Through personalized representation, ethical counsel, and meticulous preparation, our firm is well-positioned to advocate vigorously on behalf of victims of medical malpractice. If you or a loved one has suffered as a result of medical negligence, Snable Stevenson & Silva is here to stand beside you in seeking the compensation you deserve.

Contact our Birmingham, Alabama Medical Malpractice Lawyers Today for Legal Help

Have you or a family member recently been injured due to the negligence of a doctor, hospital, or healthcare provider? Contact Snable Stevenson & Silva for immediate legal assistance and advice. You may be able to pursue compensation for your medical bills, lost wages, and other expenses. Our qualified Alabama medical malpractice lawyers can help you fight to secure a full and fair award.

We offer a free case evaluation and consultation. Contact our law office in Birmingham, Alabama to schedule yours today. If you can’t come to us, we can arrange a time to visit you. Consultations can be arranged at the hospital, your home, or even your place of business. There’s a limited amount of time to act, so give us a call to get started today.