Medical Malpractice Attorney
Serving Alabama for Over 20 Years
Alabama Medical Malpractice Attorney
Representing Injury Victims in Alabama for 25+ Years
Medical negligence is the third leading cause of death in the U.S. behind heart disease and cancer, according to the Journal of the American Medical Association. Health care professionals who provide care that is below generally accepted standards should be held responsible. However, proving negligence is not always easy. This is how an Alabama malpractice attorney can help you!
Why Choose Our Firm?
Our experienced attorneys know what it takes to secure a win. Over our 25+ years of experience, we have helped thousands of individuals and won millions. If you or a loved one has suffered an injury due to medical negligence don’t hesitate to call our firm and see Sawyer Law Firm how can help you today.
- Free, private initial consultation
- You don’t pay unless we win!
- 25+ years of experience helping thousands
- More than $35 million recovered for our clients
Alabama Medical Malpractice Statute of Limitations
Each state can impose different laws that govern medical malpractice cases, one of which is the statute of limitations. In Alabama the statute of limitation to file a medical malpractice claim is two years. This means you have two years from the date of your injury to file a claim or you may lose your right to compensation. There are three main exceptions: discovery, minors, statute of repose.
If an injury victim does not realize they have an injury or did not know that malpractice took place they have six months from the date of this discovery to file a claim. To qualify for this exception you must not have been able to reasonably know that you had a medical malpractice claim within the two years standard statute of limitations.
Statute of Limitations for Minors
If a child is under the age of four when malpractice occurred they have up until their eighth birthday to file a lawsuit.
Statute of Repose
The statute of repose states that all medical malpractice claims must be filed within four years of the malpractice. The statute of repose overrides the discovery rule, meaning that regardless of when you discovered any malpractice if it was more then four years from the date of injury you are not eligible to file a claim. The statute of repose doesn’t override the exceptions for minors under the age of four.
How To Prove Medical Malpractice
There are certain components that make up a medical malpractice case. In most cases all of these components must be met in order to prove malpractice occurred. In Alabama a plaintiff must prove:
- The injury victim, or plaintiff must prove what the standard of care should have been. Standard of care is the average care and skill a medical professional should have exhibited in a given circumstance. Often in medical malpractice cases a medical expert witness testifies, helping establish what the standard of care should have been in a specific situation.
- The injury victim, must show how the medical practitioners failed to meet the determined standard of care.
- Last, the plaintiff must show how the defendants actions specifically caused their injuries, in other words the plaintiff must prove that their injury would not have otherwise occurred if it were not for the medical practitioners negligent actions.
What Damages Can You Recover in a Medical Malpractice Case?
There are two main types of damages, or compensation, a medical malpractice injury victim can pursue against a negligent party, economic and non-economic damages. Unlike many states, Alabama has no caps, or limits, on how much damages an individual can be awarded. Economic damages compensate for quantifiable financial losses such as the cost of medical care, the cost of future medical care, and the inability to work.
Non-economic damages, as the name suggests, compensates for non-financial losses such as pain and suffering, loss of enjoyment of life, and emotional distress. Since non-economic damages can be difficult to quantify, they are sometimes called “general damages.”
In some cases, another type of damages is available called punitive damages. Punitive damages are unique in that their main purpose is to punish the negligent party as opposed to compensating the injured party for a specific loss. Usually, it must be proven that the negligent party knew their actions would cause harm but did them anyway, as such punitive damages are not often awarded.
Common Types of Medical Malpractice Claims
There are many different types of medical malpractice claims a patient can make, but there are several that are more common than others. These include:
- Delayed diagnosis
- Surgical errors
- Birth injury
- Failure to treat
- Medical product liability
Misdiagnosis, as the name suggests happens when a doctor does not properly identify and diagnose a patient with the condition that they have. Similarly, delayed diagnosis is when an incorrect diagnosis is made initially, then correctly identified later. But as a result of the delay in correct diagnosis, the condition became worse.
Surgical errors can be any number of things. Typical surgical errors have a significant impact on the patient’s quality of life. Damaging nerves, organs, or tissue during a surgery, providing inadequate care after surgery, or leaving medical equipment inside the patient are all examples of a surgical error.
Birth injuries can be a traumatizing event. Having a new baby should be a joyful event and if the baby or mother is injured due to the care, or lack of care, from their healthcare providers it can result in devastating medical bills that last a lifetime.
Related to delayed diagnosis, failure to treat happens when a doctor does correctly diagnose a condition but then fails to provide an adequate treatment. This is commonly known as “putting profits over safety” since this occurs when doctors are treating too many patients and are not providing quality care.
Finally, medical product liability occurs when a medical device is faulty. In this case, the manufacturer of the product is held liable. Sadly, faulty medical products typically injury many people before the defects are discovered and brought to the manufacturer’s attention.
Standing Against Big Insurance Companies
Doctors and hospitals have insurance companies whose lawyers work hard to resolve your case as quickly and favorably for their client as possible. Let our Alabama medical malpractice lawyer use our resources and experience to fight the insurance companies for you.
If you or a loved one has been the victim of medical malpractice, contact us today. You will never incur any legal fees unless we obtain a financial settlement or jury award on your behalf.
Our Clients Stories Deserve to Be Heard
I will forever thank you guys for everything!!!
“I will forever thank you guys for everything!!!”
Words cannot express our gratitude!
“Words cannot express our gratitude to you for your dedication and hard work on our case. You have been a blessing to our family.”
You have been so kind and caring to us.
“We just wanted to let you know how much we appreciate everything you have done for us. You have been so kind and caring to us.”
Your support is greatly appreciated
“I would like to thank Mr. JP Sawyer of the Sawyer Law Firm for his generous donation to the Veteran Golfers Association. Your support is greatly appreciated. Thanks for what you are doing for Soldiers and their families”
J.P. is one of the kindest, most genuine people I’ve ever met.
“J.P. Is one of the good guys. J.P. is one of the kindest, most genuine people I’ve ever met. I feel it’s his quiet sense of compassion and dedication that really resonates with his clients. He truly takes their personal struggles to heart, and often builds lasting relationships with those he’s represented.”