Practices
Medical Malpractice Defense Attorney in Birmingham, Alabama
McCallum, Hoaglund & McCallum, LLP defends physicians, hospitals, clinics, and their insurers against medical malpractice claims in Alabama. Our partners bring more than 75 years of combined courtroom experience to standard-of-care disputes.
A malpractice claim is not an ordinary lawsuit for the person named in it. It arrives alongside a reporting obligation, a credentialing question, and the quiet assumption among colleagues that something went wrong. Good care is defended badly more often than it is defended well, usually because the defense started late or treated a clinical judgment as an error.
We defend the record, the reasoning, and the practitioner. Call (205) 824-7767 to discuss a claim.
Who We Defend in Malpractice Claims
We are retained by providers and by the carriers who insure them, from the first notice of a claim through trial.
Physicians & Practices
Defending individual practitioners and medical groups against allegations that care fell below the applicable standard — including cases where the real dispute is about a judgment call made with incomplete information, not a departure from accepted practice.
Hospitals & Facilities
Representing hospitals, clinics, and long-term care facilities, including claims involving nursing and support staff, vicarious liability, credentialing, and systems or protocol allegations that reach beyond any single clinician.
Insurers & Self-Insured Providers
Working directly with malpractice carriers and third-party administrators alongside our insurance defense practice, with the reporting and budget discipline carriers expect.
Standard of Care Is a Legal Test, Not a Medical Opinion
Most malpractice claims are not really arguments about whether a patient was harmed. They are arguments about whether the care met the standard a reasonably prudent provider would have met in the same circumstances — judged on what was known at the time, not on what became obvious afterwards. Hindsight is the claimant’s most useful tool, and rebutting it is much of the work.
That makes two things decisive: the completeness of the medical record, and the quality of the expert who explains it. A defensible decision documented poorly is harder to defend than a marginal decision documented well. We build the defense around both from the first week.
The firm also represents healthcare clients in civil litigation and wrongful death matters. Learn more about the firm.
How We Defend a Malpractice Claim
1. Record review and early assessment
We review the medical record in full and identify, early, whether the care at issue is defensible. That answer shapes every decision that follows, and the provider deserves it straight.
2. Expert selection
Standard-of-care cases turn on expert testimony. We retain experts in the relevant specialty — not adjacent ones — and prepare them properly. An expert who cannot explain a clinical decision in plain language to a jury is of little use, however distinguished.
3. Procedural and evidentiary defense
Alabama’s medical liability statute imposes specific pleading and proof requirements on claimants, including requirements about who may testify to the standard of care. We hold claims to them.
4. Protecting the provider beyond the lawsuit
Resolution has consequences that outlast the file — reporting obligations, credentialing, and reputation. Those belong in the calculation from the start, not as an afterthought at mediation.
5. Trial
Where a provider’s judgment is sound, settlement is not automatically the right answer. Our partners try cases, and that record informs every negotiation we enter.
Our Partners
LaBella S. McCallum
Has nearly four decades of courtroom experience.
Eric D. Hoaglund
Admitted to practice before the U.S. Supreme Court.
Charles A. McCallum, III
Represents clients in civil litigation across Alabama.
Frequently Asked Questions
What is medical malpractice defense?
It is the representation of a healthcare provider accused of failing to meet the applicable standard of care, together with the insurer funding that defense.
Who do you represent?
Physicians, hospitals, clinics, long-term care facilities, and malpractice carriers. We act for the defense, not for claimants.
What should a provider do when served with a claim?
Notify your carrier immediately, preserve the complete medical record, and avoid discussing the matter outside privileged channels. Then contact defense counsel. Do not add to or amend the record after notice.
Does a claim mean the provider did something wrong?
No. A claim is an allegation. Many are brought over outcomes that were unavoidable, or over decisions that were reasonable given what was known at the time.
Do you work directly with malpractice insurers?
Yes. Much of our work comes through carriers and third-party administrators. See our insurance defense practice.
How long does a malpractice case take?
It varies with complexity, court, and expert availability. We will give you a realistic range for your specific matter rather than a general one.
Where are you located?
Vestavia Hills, just south of Birmingham. We appear in courts throughout Alabama.
Discuss a Malpractice Claim
Send us the claim and we will tell you honestly how defensible we think it is.
905 Montgomery Highway, Suite 201
Vestavia Hills, Alabama 35216
(205) 824-7767
info@mhmfirm.com