In 1999, the Institute of Medicine ("IOM"), based upon a Harvard medical study, reached the conclusion that as many as 98,000 hospitalized Americans die each year, and over one million more are injured, as a result of preventable medical errors. Medical errors come in many forms, but some of the more common are medication errors, wrong site surgery, retention of foreign objects during surgery, falls, infections and injuries due to staff shortages or inadequate training. Medical malpractice cases in Alabama are governed by the Medical Liability Act. This Act requires that the plaintiff establish the standard of care and any pertinent violations of the standard of care with a similarly situated expert witness. The standard of care is that degree of reasonable diligence, care and skill as practiced by a similarly situated health care provider as practiced by the national medical community.
If the plaintiff is successful in establishing a violation of the standard of care, they also must prove their damages that are directly and proximately related to the violation of the standard of care. This also must be proven through expert testimony.
There is generally a two-year statute of limitations to bring a medical malpractice case; however, there are a few exceptions to this rule. If you or a loved one believes you are a victim of medical malpractice or nursing home abuse, please call us at McKinney, Braswell & Butler (256) 319-4878 or toll free at 1-866-637-4878 for a free case evaluation. Remember there is never any fee until we collect for you.