Medical Malpractice FAQ

I believe that medical malpractice led to my injuries. What's the first step to take in pursuing a claim?

If you believe you have proof or even a "gut feeling" that you were the victim of medical malpractice or medical negligence, now is the time to act. As a first step, we recommend that you consider consulting an attorney experienced in handling these types of cases. In doing so, you can find out whether you actually may have grounds for a claim and take the next step, which is giving written notice of the claim to the party that committed medical malpractice.

What do I need to prove to win my medical malpractice claim?

Although each case may vary slightly depending on the particular situation, there are four main factors in proving medical malpractice in Alabama. The plaintiff (injured party) must prove:

The health care provider had a duty to the plaintiff (for example, the plaintiff was actually a patient of the doctor);
That duty was breached;
The plaintiff was injured; and
The plaintiff's injuries were the proximate (most likely) cause of the health care provider's breach of duty.

What is my case worth?

No two medical malpractice claims are exactly the same, and therefore the value of your case may vary dramatically depending on different factors. Most often, the extent of injury and the impact the injury will have on the plaintiff's life will be the biggest influences on the value of a claim. To find out what your case may be worth, call an Alabama medical malpractice lawyer today at 800-760-7807.

Will my medical malpractice case go to trial?

The majority of medical malpractice claims are settled out of court, through negotiation or arbitration. However, if a negotiated settlement simply cannot be reached, your lawyer may wish to take your case to trial in civil court to seek a positive outcome.

Do I need to work with an attorney?

Medical malpractice claims may be technical. You may also find that you are going up against a large hospital or insurance company that is trying to take advantage of you. Having an attorney to act as an advocate for your rights helps ensure that your interests are properly represented and that you have the best opportunity possible to recover full financial compensation for your injuries.

For more information and answers to your questions, contact Alabama medical malpractice attorney Timothy A. Hughes today.