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Medical Malpractice Lawyers in Alabama
*Disclaimer: The guide on this page does not officially reflect Glenda Cochran & Associates LLC’s practices but is instead a preview of our approach to the topic. Only consult directly with a professional, bar-licensed attorney you trust for authorized advice concerning the legal aspects of a specific case.
Patients trust their doctors and medical providers to deliver safe care. Unfortunately, some providers do not always live up to this standard. Every year, many patients suffer serious harm or even death from medical malpractice as a result of the negligence or carelessness of medical professionals.
Medical negligence and malpractice victims and their families in Alabama can pursue compensation for the harm they have suffered. Such cases are challenging, but they are not impossible to win. If you have suffered an injury due to medical malpractice, our Alabama medical malpractice lawyers at Glenda Cochran Associates can assist you.
What is Medical Malpractice in Alabama?
The state of Alabama defines medical malpractice as any negligent act or omission that results in an injury to a patient by a hospital, physicians, or other health care professionals. Legally, the following requirements must be met to prove a medical malpractice claim:
- The doctor, other physicians, or medical facility had a duty of care known as the “standard of care.”
- A breach of the standard of care occurred.
- The breach caused physical or emotional injury to the victim.
How Does Medical Malpractice Occur?
- Failure to diagnose or misdiagnosis of a condition that has life-threatening complications, such as cancer.
- Failure to deliver a timely diagnosis, particularly when successful treatment depends on it. Spinal cord injuries are one example where medical professionals must diagnose and intervene promptly to prevent permanent damage.
- Failure to report abnormal lab results
- Treatment failure
- Errors with prescription medicine
- Errors in surgery or procedures
- Birth injuries
- Leaving surgical materials like sponges or implements in body after surgery
- Removal of the wrong eye, limb, or other body part
- Other medical negligence
Medical errors are the country’s third leading cause of fatality. John Hopkins University reports nearly 250,000 malpractice-related deaths annually.
The Alabama Statute of Limitations
Medical malpractice cases in Alabama are subject to a two-year statute of limitations under the Alabama Medical Liability Act (AMLA). Typically, the two-year time frame begins on the malpractice claim when the act or omission occurs; however, this does not apply to children under four (Ala. Code § 6-5-482).
It is important to note that your right to recover damages will expire if you fail to file your lawsuit within the prescribed time frame. However, Alabama law provides a discovery rule that extends the filing deadline by six months from the date of malpractice discovery. If, for example, a doctor leaves an object inside a patient and the injury is hidden from sight, the problem might not be
THE STATUTE OF REPOSE
Alabama also imposes strict deadlines for filing a medical malpractice lawsuit. Medical errors are covered by the statute of repose, which prohibits the injured patient from filing any claim more than four years after the negligent act of the healthcare provider, even if the injury was not discovered within that period. For children under age four during the alleged malpractice, the repose period extends to their eighth birthday.
If you have a specific medical malpractice case, a medical malpractice attorney can help you determine the applicable deadline.
CLAIM FOR WRONGFUL DEATH
Different provisions apply to deaths allegedly caused by substandard health care. Alabama allows a suit within two years after death as long as the deceased would have had a viable medical malpractice claim. (Code § 6-5-410). The two-year statute of limitations begins when the patient dies, not when the healthcare provider commits an act or omission that caused the death; however, the statute of repose described above still applies.
Types of Malpractice Compensation in Alabama
In Alabama, medical malpractice damages fall into one of three categories:
GENERAL DAMAGES
Loss of enjoyment, pain and suffering and the future impact on earning capacity
SPECIAL DAMAGES
Quantifiable expenses such as medical bills, expenses related to care, and missed work
PUNITIVE DAMAGES
Assessed as a penalty for gross negligence and intended to protect the sanctity of human life.
This is the basic legal framework for medical malpractice compensation in Alabama. The facts of a case should always be discussed with an attorney to determine the potential damages in a case.
Filing a Medical Malpractice Claim in Alabama
Here’s a glimpse into the process our law firm takes with clients for medical misdiagnosis or malpractice-related cases:
Once a potential client contacts us, we will perform a free consultation. This is a review of the information presented to us by the client, including medical records, personal testimony, test results, a correct diagnosis obtained from a second opinion from other doctors (if you have it), and any other non-classified evidence.
If we determine that we are the right firm for your claim, a medical malpractice or medical misdiagnosis lawyer from our firm will thoroughly investigate the medical provider at fault and gather the evidence we need to make the claim.
Why Choose Glenda Cochran Associates?
WE’VE BEEN REPRESENTING MEDICAL MALPRACTICE VICTIMS FOR 30 YEARS
We are not your average attorneys—we have more than three decades of experience representing victims of medical misdiagnosis and malpractice. Our law firm will proudly fight for you and deliver the justice you deserve and maximum compensation.
Our track record of winning the medical malpractice cases we take to jury trial is highly successful; one of our victorious cases delivered a verdict of $12 million!
WHEN MEDICAL PROFESSIONALS LET YOU DOWN, YOU CAN COUNT ON US.
Victims of medical misdiagnosis or malpractice may be hesitant to take legal action for fear of losing the case. We understand how facing a well-respected medical professional, especially a surgeon, in court might be intimidating because of their power, influence, and wealth.
Your opponent will realize they’ve met their match with our law firm on your side. We will fight for you relentlessly and do whatever it takes to ensure that they, the party at fault, can’t move on without consequence.
WE OFFER COMPREHENSIVE LEGAL SUPPORT IF YOU’VE BEEN HURT BY A MEDICAL PROFESSIONAL
Our law firm is sincerely devoted to providing the best legal counsel in Birmingham, Alabama, for innocent victims and their families. We prioritize approaching our cases with the utmost empathy and meeting clients like you right where you are financially—with flexible, contingent payment options— and comprehensive communication. You have our support every step of the way.
Click the button below to schedule a consultation with an experienced attorney from Birmingham’s leading medical misdiagnosis and malpractice law firm at no cost to you!
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