MEDICAL NEGLIGENCE

Because you are most likely still under the care of your medical provider, it’s important that you continue to communicate with your medical provider to ensure your best outcome for your health. However, do not be confrontational with your healthcare provider although you may be upset with a particular outcome that did not meet your expectations or which may have fallen below the standard of care for treatment.

Make notes, and record information if possible in your interactions with your healthcare providers.

Under Alabama law, all medical malpractice cases must be filed under the Alabama Medical Liability Act. This is a set of statutes that define the parameters and requirements of a medical negligence lawsuit.

You must prove that the healthcare provider failed to treat you within the applicable “standard of care” for their medical specialty.

Generally speaking, under the Alabama Medical Liability Act, the statute of limitations runs two years from the date of the injury you sustained through medical negligence. However, there are two exceptions to the general rule.

First, if your injury was not discoverable at the time of the medical act which you contend was negligent, your statute of limitations can be extended for a limited period of time. Second, if the injured person is a minor, the statute is extended under the guidelines of the AMLA. 

The AMLA requires that in almost every situation a plaintiff must have an expert with the same qualifications as the healthcare provider being sued. In other words, if you are injured by a doctor who is Board Certified in a particular field of medicine, your expert must possess the same credentials. Also, your expert must have practiced medicine in the particular field involved in your case during the year that your injury occurred.