When a person has issues following surgery or is injured while under the care of a medical expert, they frequently seek an attorney at law in Birmingham, AL.
Despite these difficulties, finding an attorney who will accept the case can be challenging. There are many reasons why a medical malpractice attorney would be hesitant to pursue the case; this article outlines a few of them.
Medical Malpractice Doesn’t Apply to This Injury
The presence of pain following surgery or complications following a medical operation does not inevitably imply “malpractice.” For example, malpractice is not evident if the procedure was conducted appropriately within industry norms. In other words, regardless of the outcome, malpractice does not occur if the medical expert did not make an error.
It’s distressing to receive negative results after leaving your health to a professional, yet, every surgery/procedure comes with a certain level of risk. These dangers are detailed in the consent form that must be signed before the surgery. In brief, medical malpractice necessitates “negligence” on the part of healthcare providers and many additional factors.
There are many rules to follow when determining whether an injury received while under the care of a medical provider is considered malpractice. These recommendations include:
- Establishment of a formal patient-doctor connection
- By acting negligently, the medical practitioner violated their duty of care
- This carelessness must have resulted in serious harm to the sufferer
Statute of Limitations
A medical malpractice suit must be filed within a certain amount of time. In the legal world, this time limit is known as a “statute of limitations,” and the extent differs depending on various factors. One of the most significant factors to evaluate is the state in which the injury occurred.
Medical malpractice cases in Alabama have a two-year statute of limitations from the date of the incident. If you do not submit your lawsuit before the deadline, you will lose your entitlement to compensation for your injuries.
The Rule of Discovery
While the ordinary Alabama medical malpractice statute of limitations is two years, the discovery rule may cause the clock to run out.
This rule applies to people who have no means of knowing they’ve been the victims of medical malpractice.
The discovery rule stipulates that if a victim did not find or could not reasonably have discovered medical negligence within the two-year deadline, they are not entitled to compensation.
The case can then be filed within six months of the malpractice being discovered or the discovery of circumstances that should have led to the malpractice being discovered, whichever comes first.
Statute of Limitations for Minors
Statute of limitations for medical malpractice against minors is handled differently. Minors have four years in Alabama to file a medical malpractice case.
If a child was under the age of four at the time of the medical misconduct, the youngster has until their eighth birthday to file a complaint.
Isn’t the Medical Injury Serious Enough?
A law firm must devote a significant amount of time, effort, and resources to prosecute a medical malpractice lawsuit properly. Remember that your attorney will certainly be up against a team of lawyers provided by the hospital and insurance company who will vigorously oppose any prospective lawsuit.
With this in mind, if the harm does not have significant “monetary value,” a law firm will be unable to pursue the case due to financial constraints.
If you’re unsure if you have a “good case,” think about how the injury has affected your daily life or will affect your life in the long run. If the accident merely caused temporary discomfort or pain, there may not be enough monetary compensation to justify a trial or pay the necessary legal fees to settle.
Where Did The Injury Happen?
Many law firms are only permitted to practice in their home state. A medical malpractice law firm in Alabama, for example, may not pursue a claim that occurred in Georgia. As a result, working with an attorney in your state or searching for one in the state where the injury happened is recommended.
Pursuing medical malpractice cases has a financial reality. Said, suing hospitals or medical practices is extremely difficult for a medical malpractice lawyer in Birmingham, AL. Successful malpractice actions must show that the medical professional’s negligence resulted in catastrophic injury to the accused victim.
In litigation in Birmingham, AL, your lawyer is your legal counsel. He informs you of your legal options, and you and he should be able to make the best decisions for your case together. There are times when a client would demand that the attorney do things that are either improper or unsubstantiated and would jeopardize your case if done. Keep in mind that you must have faith and trust in your lawyer, so you should consider hiring a lawyer to represent you.
The attorneys of McCallum, Hoaglund & McCallum, LLP have over 75 years of combined legal experience. Our practice areas include medical malpractice defense, insurance defense, product liability, commercial litigation, construction law, complex business litigation, securities and contracts litigation, employment litigation, etc. Contact us if you need a medical malpractice lawyer in Birmingham, AL.