Dothan Medical Malpractice Lawyer

When you are sick or injured, you trust medical professionals to provide the care you need. Unfortunately, sometimes things go wrong. Medical errors can cause serious injury, life-altering complications, or even death. In these moments, you need someone who can fight for justice on your behalf.

At Gartlan Injury Law, we believe in holding negligent healthcare providers accountable for their actions. Our firm understands the complexities of medical malpractice law and can handle your case with care, determination, and professionalism. Without help from a Dothan medical malpractice lawyer, you could miss out on the money you need to rebuild your life. You deserve justice and fair compensation – and we can help you demand both. For your free consultation, call us or reach out online today.

What Is Considered Medical Malpractice in Alabama?

Medical malpractice in Alabama occurs when a healthcare provider causes their patient harm by failing to use the same reasonable diligence, care, and skill that another practitioner would have used in a similar case.

What Are Some Types of Medical Malpractice in Dothan?

Medical malpractice in Dothan comes in many forms, but some of the most common examples include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Anesthesia errors
• Medication errors
• Childbirth injuries
• Failure to treat
• Improper treatment
• Lack of informed consent
• Hospital-acquired infections
• Incorrect or unnecessary medical procedures

What Is the Alabama Medical Liability Act?

The Alabama Medical Liability Act (AMLA) governs medical malpractice cases filed in state court. It outlines specific rules plaintiffs must follow to prove their case and recover compensation. Some of the law’s key provisions include:

• Filing the initial complaint – When someone files a medical malpractice lawsuit in Alabama, state law requires that the complaint include a detailed description of each act of alleged malpractice by the healthcare provider.
• Burden of proof – The AMLA says the plaintiff must provide “substantial evidence” showing the healthcare provider breached the medical standard of care. This provision means plaintiffs must show that another doctor with similar training and experience would have taken different steps in the same situation in which the plaintiff sustained their malpractice injury.
• Expert testimony – Testimony from expert witnesses is crucial in any Alabama malpractice claim. Since the law requires plaintiffs to show that another doctor in the same situation would have acted differently, the AMLA specifies what constitutes a “similarly situated health care provider.”

What Must I Prove to Win a Malpractice Lawsuit?

In a medical malpractice lawsuit in Alabama, you must establish four crucial elements to win your case. You must show that:

• The healthcare provider owed you a duty of care.
• The healthcare provider breached this duty, failing to meet the accepted standard of care.
• The breach of duty led to injury or harm.
• A causal connection exists between the healthcare provider’s negligence and the injury.

What Compensation Can I Recover with a Medical Malpractice Lawsuit?

Medical malpractice injuries often have catastrophic health effects on patients. In some cases, patients suffer permanent harm and may never work again. Or they might experience a sharp drop in their quality of life. An experienced Dothan malpractice lawyer could pursue compensation on your behalf for:

• Medical expenses, including the cost of future treatments
• Lost wages
• Reduced future earnings
• Pain and suffering
• Emotional distress
• Lower quality of life

Are There Caps for Medical Malpractice Damages in Alabama?

“Damages” is the legal term for money someone receives from a lawsuit. There is no cap on compensation for economic and non-economic compensatory damages in Alabama malpractice cases. However, there is a limit on punitive damages.

Punitive damages are an additional award a judge or jury can make in a civil trial to punish the defendant and deter others from similarly negligent behavior. Under Alabama law, the cap on punitive damages is either $1.5 million or three times the compensatory damages – whichever is higher.

What Reasons Might Hinder a Settlement for My Claim?

Achieving a settlement in a medical malpractice case can sometimes be challenging due to:

• Lack of clear evidence
• Disputes over liability
• High claim amounts
• Statute of limitations
• Pre-existing conditions

A skilled Dothan medical malpractice lawyer can help you combat these issues and pursue maximum compensation.

What Can I Do to Strengthen My Case?

Thorough documentation is crucial in any malpractice case. This includes maintaining a record of all your medical interactions and symptoms, obtaining copies of all your relevant medical records, and photographing your injuries.

It’s also crucial to follow all your prescribed treatments. However, you might want to seek a second medical opinion. Finally, you should hire an experienced medical malpractice attorney to help you develop a robust legal strategy.

Is There a Statute of Limitations for Filing a Medical Malpractice Lawsuit in Alabama?

In Alabama, state law allows two years from the date you sustained an injury to file a personal injury lawsuit. However, the law also recognizes that some injuries do not appear right away. The discovery rule says that if an injury is not immediately apparent, you have six months from the date you discovered or reasonably should have discovered the injury to file a lawsuit. That said, you must file a medical malpractice lawsuit within four years of the date you sustained the injury – no matter when you discovered it.

How Long Do Most Medical Malpractice Lawsuits Take?

Typically, it takes several months or longer to settle a medical malpractice claim. However, a case may take longer if it goes to trial, the defendant disputes the claim, or the case is especially complex. No matter how long the process takes, patience is crucial to maximizing your compensation and chances of success.

Contact a Dothan Medical Malpractice Lawyer

Medical malpractice cases are among Alabama’s most complicated personal injury claims. It’s crucial to work with an experienced and knowledgeable malpractice attorney. Gartlan Injury Law can preserve your rights and be your champion in your fight for compensation. Call us or complete our contact form online today for a free case evaluation.

Visit Our Dothan Medical Malpractice Law Offices