Medical mistakes are a serious problem since, according to certain studies, they are the third largest cause of mortality in the US. Ensuring patient safety necessitates holding healthcare practitioners accountable for damage caused by medical misconduct. Still, not every adverse medical result may be considered malpractice. Our Mobile medical malpractice lawyer clarifies the nuances of Alabama law in this thorough summary.
Crucial Point: Negative Results by Themselves Do Not Indicate Malpractice
Importantly, in Alabama, a poor patient result does not always indicate medical negligence. The existence of a poor outcome alone does not prove that the hospital or clinician committed misconduct. It is necessary to show that a healthcare professional behaved recklessly in order to establish medical malpractice.
Essential Elements to Prove in an Alabama Medical Malpractice Claim
According to Alabama law (Ala. Code § 6-5-548(a)), comprehensive evidence is pivotal for substantiating a medical malpractice claim. To succeed, a patient must establish the following:
Establishment of Doctor-Patient Relationship:
Demonstrating a professional relationship between the claimant and the healthcare provider, forming the basis of the duty of care.
Demonstration of Provider Negligence:
Proving negligence involves showing that, in a specific context, the healthcare provider failed to act as a competent professional would. This aspect typically involves contentious and complex proceedings, often relying on expert witness testimony.
Establishment of Negligence’s Contribution to Harm:
Connecting the provider’s negligence directly to the patient’s injury or medical complications, establishes causation.
Demonstration of Tangible Patient Harm:
Proving that actual damages resulted from the medical malpractice, allowing for the recovery of compensation covering medical bills, lost wages, loss of earning power, pain and suffering, and other relevant damages.
Consult with Our Experienced Alabama Medical Malpractice Lawyer
At Roger Varner Injury Law, our Mobile medical malpractice attorney is committed to advocating for justice on behalf of patients. If you have inquiries about medical malpractice, we’re well-prepared to assist. Call us at (833) 482-7637 or message us for a free consultation. Operating from our Mobile law office, we handle medical malpractice cases, including birth injury cases, across Southern Alabama.