In a medical malpractice case, the standard of care is the level of care that a reasonable and prudent health care professional would have provided under the same or similar circumstances. The standard of care may vary depending on the particular circumstances of each case.
A health care professional can be held liable for medical malpractice if they fail to provide the standard of care, which causes injury or death to the patient. To prove that the health care professional was negligent, the plaintiff must show that the health care professional breached the standard of care and that this breach caused the plaintiff’s injury or death.
The standard of care is usually determined by expert testimony. Expert witnesses are typically health care professionals familiar with the standard of care that would have been applicable in the particular case. The expert witness will testify to the standard of care and whether the health care professional in question met that standard.
Suppose the health care professional breached the standard of care, and this breach resulted in the plaintiff’s injury or death. In that case, the health care professional can be held liable for medical malpractice. The plaintiff may be entitled to compensation for medical expenses, pain and suffering, and other damages.
The Standard of Care in Alabama
In the Alabama Medical Liability Act (AMLA) section 6-5-548(a), it states that the plaintiff must provide substantial evidence that the health care provider failed to exercise reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.
To prove medical malpractice in Alabama, you must show that the healthcare provider did not provide the same level of care as other similar providers in the same field. Proving that your doctor was negligent in your medical malpractice case involves showing that they did not act how other similar doctors would have. This means finding other doctors with the same training and education in the same region and seeing how they would have acted in the same situation.
What Qualifies as Proof in a Medical Malpractice Case in Alabama?
There are a few different types of evidence that you can use to prove medical malpractice in Alabama. The most common type of evidence is expert testimony. Expert testimony is when a doctor who is an expert in the same field as the defendant testifies that the defendant did not act how they should have. Another type of evidence can be used in medical records. Medical records can show what happened during your treatment and can be used to prove that the defendant did not act how they should have.
What Are the Damages Available in a Medical Malpractice Lawsuit in Alabama?
If you win your medical malpractice lawsuit in Alabama, you may be entitled to recover damages. The types of damages that you may be able to recover include:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Punitive damages
Call the Medical Malpractice Lawyers of McCallum, Hoaglund and McCallum, LLP
If you believe that you or a loved one has been the victim of medical malpractice, you should call a lawyer as soon as possible. An experienced medical malpractice attorney will be able to review your case and determine if you have a valid claim. If you do have a claim, the lawyer will guide you through the legal process and help you get the compensation you deserve.
The lawyers of McCallum, Hoaglund, and McCallum or MHM Firm bring more than 75 years of experience to the practice of law. From our office in Birmingham, Alabama, we passionately seek justice for our clients in state and federal courts in areas ranging from complex business litigation, medical malpractice defense, insurance defense and products liability to commercial litigation, construction law, securities and contracts litigation, employment litigation and more. If you need a medical malpractice lawyer in Birmingham, AL, get in touch with us! Let us know how we can help.