Yes, you can sue for medical malpractice in Alabama if a healthcare professional’s negligence or mistake caused harm. Alabama law requires that you prove the provider failed to meet the standard of care, and you must typically file a lawsuit within two years from the date of the injury. Consulting a medical malpractice attorney early can help ensure your claim is filed correctly and supported by the necessary evidence.
Most medical malpractice attorneys work on a contingency fee basis, meaning you don’t pay upfront. The lawyer takes a percentage of the settlement or award if you win, usually around 30% to 40%, depending on the complexity of the case. If your case is unsuccessful, you generally owe nothing in attorney’s fees.
The hardest element to prove in a medical malpractice case is often causation, showing that the healthcare provider’s negligence directly caused your injury or worsened your condition. It’s not enough to prove the doctor made a mistake; you must demonstrate a clear link between the error and the harm you suffered. This usually requires expert medical testimony to explain how the provider’s actions deviated from the standard of care and led to your injury.
You need a medical malpractice lawyer, a type of personal injury attorney who specializes in holding healthcare professionals accountable. These lawyers are experienced in complex medical evidence, insurance negotiations, and courtroom procedures, making them best suited to handle claims involving misdiagnosis, surgical errors, medication mistakes, and other forms of negligence.
Medical negligence can take many forms. Common examples include: