Some information you hope you never need to use like how to file a medical malpractice claim in Alabama. If you need this information, it probably means you or a loved one is the victim of a healthcare professional’s negligence.
However, Americans file around 17,000 medical malpractice suits annually and you can become part of this statistic. With billions of dollars being paid out each year in medical malpractice claims, it pays to know a little bit about the legal process.
What’s Considered Medical Malpractice in Alabama?
What Alabama considers medical malpractice is the same as most other states, with a few notable exceptions. Alabama considers physical and sexual abuse at the hands of healthcare workers a form of medical malpractice. This is a little different from some other states. Other examples that apply across the U.S. include:
- Birth injuries and pregnancy complications
- Brain injuries that occur during surgery or from prescribed treatment
- Dialysis-related injury or death
- Emergency room treatment that results in injury or death
- Medication, prescription, and/or pharmacy miscalculations
- Misdiagnosing a health condition
- Nursing errors, for example, not following the physician’s printed instructions
- Spinal cord injuries that occur during medical care
- Surgical mistakes and complications
An estimated 250,000+ people die each year in the U.S. from medical errors.
Who Can You Name in a Medical Malpractice Claim
Medical malpractice claims fall under the extensive umbrella of personal injury law. While the law covers a broad range of accident types, all claims require you to name a defendant. This is the individual or entity responsible for causing your injuries. In simple terms, you must name the individual you’re holding responsible for your losses.
So, who can you name in a medical malpractice claim? The list covers pretty much everyone who works in the healthcare industry:
- Hospital
- Doctor
- Nurse
- Ambulance service
- Nursing home
- Pharmacy
If you’re wondering who’s named most frequently in medical malpractice claims, it’s physicians followed by dentists. According to the New England Journal of Medicine, most physicians deal with at least one medical malpractice claim during their careers. This doesn’t mean the plaintiff always wins a medical malpractice claim; it only indicates how common they are.
Filing a Medical Malpractice Claim in Alabama
If you suffer injuries either temporary or permanent due to a healthcare professional’s negligence, you may be able to file a claim to recover compensation.
However, the process is a little more complicated than filling out some paperwork. You must follow a few legal steps.
Know the Statute of Limitations
All personal injury claims regardless of the type have statute of limitations. This refers to the time you have to file a claim after suffering injuries. Filing deadlines often vary from state to state. In Alabama, you have two years from the date of the alleged incident to file a compensation claim. The statute of limitations may not start on the incident date. Sometimes, it starts when you discover a medical error.
For example, if a surgeon accidentally leaves a sponge behind after surgery. You may not realize the sponge is inside your body for a few days or even weeks until an issue occurs, like symptoms of sepsis.
In this scenario, the statute of limitations kicks in on the date the sponge is discovered. This is known as Alabama’s Discovery Rule. However, it doesn’t extend the statute of limitations indefinitely. The rule only gives you six months to identify any medical errors.
Prove Negligence
You know who to name in your medical malpractice claim and are within the statute of limitations. You’re on track to successfully file a claim and hopefully recover compensation for your damages.
Before you can submit your claim to the insurance provider, you’re going to need to prove negligence. This is a requirement for most types of personal injury claims, with the exception possibly being product liability cases.
Proving negligence starts with establishing a relationship between you and the healthcare provider. Usually, this isn’t too difficult. Patient records are usually enough to show that the healthcare provider owes you a duty of care.
After establishing the presence of a relationship, you need to show the healthcare worker violated their duty of care. Your injuries are often enough to prove this element of negligence, along with your medical records.
Your medical records can also help prove your damages are caused by the healthcare professional’s careless actions. From there, you must show your damages are directly caused by medical malpractice.
If you’re feeling a little confused, you’re not alone. Navigating negligence in a medical malpractice claim can be tricky which is why most individuals turn to legal assistance from an experienced medical malpractice attorney.
Tips on Avoiding Medical Malpractice
You don’t want to increase your risk of being the victim of medical malpractice. However, you also don’t want to stop visiting healthcare professionals like dentists and physicians for routine checkups.
Thankfully, you can take some steps to limit your risk of being involved in a medical malpractice claim and be proactive about your health.
Don’t be afraid to ask plenty of questions about any recommended healthcare procedure. This often means getting a second opinion to ensure the procedure is necessary. You may even want to do some research on the healthcare provider.
Alabama tracks all healthcare workers licensed and registered in the state. You can check to see if the physician is involved in any malpractice suits, if they receive patient complaints, and even research their education and level of experience.
Another good idea is to bring along a trusted friend or family member to your medical appointments. Even though they can accompany you into the operating room, they can help you process information during your consultation. Your friend or family member may even come up with questions to ask that you haven’t thought of.
Don’t File a Medical Malpractice Claim Alone
If you’re the victim of medical malpractice, you may deserve to be compensated for your damages. This means going through an often lengthy and complicated legal process. Working with an attorney can simplify the process and help ensure your claim is successfully settled.
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