Alabama Complaint for Medical Malpractice regarding Diagnosis and Treatment
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How to fill out Complaint For Medical Malpractice Regarding Diagnosis And Treatment?
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FAQ
Alabama's medical malpractice statute of limitations is outlined in § 6-5-482 of the Code of Alabama. The law sets the standard deadline for Alabama medical malpractice lawsuits at two years. This means you generally have two years from the date when the malpractice occurred to file a lawsuit.
A breach occurs when there is a negligent act or omission. By this negligence, the doctor is said to have deviated from the applicable standard of care. Causation. The breach of the standard of care must be the proximate cause of injury to the patient.
Alabama has a specific statute that governs claims of medical malpractice called the Alabama Medical Liability Act (?AMLA?). The Act addresses venue, the Plaintiff's burden of proof, qualifications required for an expert witness to testify against a healthcare provider and discovery.
The 4 C's of medical malpractice refer to the key components of a claim: competence, communication, compassion, and consent.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
In Alabama, a victim of medical malpractice can seek two types of damages against the liable party: economic and non-economic. Economic damages are those which are quantifiable. These are financial losses the victim suffers which can readily be calculated. They include such damages as medical bills and lost income.
To file a complaint: Download complaint form and instructions. Read instructions. Complete complaint form and release. Return original forms to the address listed on the forms.