Why is it So Hard to Win Lawsuits in Alabama?
The law is not consistent across borders. As such, laws vary from jurisdiction to jurisdiction and from state to state. Some states have harsher laws than others, while some favor one party over another. In the state of Alabama, for example, medical malpractice suits are known to be hard won as laws can seem to protect doctors over patients. Read on to find out, in regards to medical malpractice, “Why is it so hard to win lawsuits in Alabama?”
Medical Malpractice Lawsuits
What exactly constitutes medical malpractice? Medical malpractice has taken place when a doctor, health care professional, or hospital has failed to provide proper care for a patient. Most cases involve an act of neglect or omission that results in the patient being misdiagnosed, mistreated, or sustaining further injury.
In the eyes of the law, to be considered medical malpractice, the claim must include a violation to basic standards of medical care, an injury resulting from the negligence, and the injury being significant.
Touch Lawsuits to Win
Medical malpractice lawsuits are known as some of the toughest to win for a few reasons. They are very costly to litigate as they often require the testimonies of several medical experts. This also equates to hours and hours of depositions to be taken. The patient must also be able to prove that their injuries are significant and resulted directly from the act of negligence or omission. The patient must be able to show that the injury resulted in a disability, pain and suffering, high medical costs, and loss of income.
Alabama State Medical Malpractice Laws
For those considering filing a medical malpractice in the state of Alabama, there are things you need to be aware of. The plaintiff’s ‘burden of proof’, strict court deadlines, and the Alabama medical malpractice statute of limitations make the process even more challenging.
Alabama Medical Malpractice Statute of Limitations
Alabama has a stand-alone statute of limitations regarding medical malpractice lawsuits. This deadline is enforced by Alabama code and states that a plaintiff has two years to file a medical malpractice lawsuit, and the strict time frame begins from the date of the alleged medical malpractice.
Additional components of the Alabama statute of limitations on medical malpractice lawsuits involve a six-month extension, and a ‘discovery exception’ of four years.
If you are considering filing a medical malpractice lawsuit in the state of Alabama, you will need the advice, experience, and guidance of a personal injury lawyer in AL to help you navigate the complexities of Alabama’s laws regarding medical malpractice.