Medical Malpractice Lawyers in Montgomery, AL
Proven Attorneys Representing 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 Montgomery medical malpractice attorney can help you!
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 in Alabama 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.
What Damages Can You Recover in a Medical Malpractice Case?
There are two main types of damages, or compensation, a medical malpractice injury victim in Montgomery, Alabama 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.
If you have been injured in an accident, you can count on the legal team at Sawyer Law Firm to fight for your rights every step of the way. Schedule your free case evaluation with a personal injury attorney.
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.
Recovery is Our Priority
At Sawyer Law Firm, your recovery is our main priority. Not only do you pay nothing unless we win, but Attorney J.P. will also travel to you if needed.
We Listen & Care
Each case that we take deserves personalized attention & customized strategies. We take a smaller load of clients to ensure you get the representation you deserve.
Decades of Experience
Attorney J.P. has over 25 years of experience and knowledge advocating for individuals injured to the negligence of others.
Attorney J.P. has recovered millions for clients and works tirelessly to obtain the full amount of compensation deserved.
If you or a loved one has been injured because of someone else's negligence, you can count on the legal team at Sawyer Law Firm to fight for your rights every step of the way. Schedule your free case evaluation with our personal injury attorney.
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 Montgomery 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.