In Alabama, medical malpractice cases are associated with a poor standard of health care. Doctors are held accountable for any injuries they produce while treating a patient or performing surgical procedures. The laws enable patients to file a legal claim for their injuries. A Personal Injury Attorney in Wetumpka AL can explain local laws and statutes that apply to the cases.
Why Does the State Statute of Limitations Have One than One Rule?
Under Alabama State Code Section 6-5-482, the state statute of limitations states that all patients with a medical injury have two years to file a lawsuit. The ruling applies to patients who know the exact injuries they sustained. Another section of the law offers a discovery rule. The law gives more time for patients who discover a medical injury after the two-year window. The discovery ruling gives the patients an extra six months to start a lawsuit against their doctor.
The state of repose also applies in Alabama. The ruling prevents any possible medical malpractice lawsuits to take place after a four-year period. However, in cases in which the medical error was concealed from the patient, the court makes an exception. The ruling applies to instances of fraud committed by the doctor.
What is Contributory Negligence?
Contributory negligence applied when a patient was also at fault for their injuries. Any act committed by the patient that could worsen their condition or cause it in the first place falls under the ruling. The state of Alabama denies any awards to claimants who are guilty of contributory negligence.
Alabama State Code 6-5-484
The state code defines the standard of care that all physicians and medical staff must provide for all patients. All doctors must adhere to the law and follow steps to prevent avoidable circumstances based on a poor standard of care.
In Alabama, medical malpractice cases pertain to negligence committed by a doctor and the injuries produced. The state of Alabama doesn’t have a cap on the value of damages received in the claims. Patients who need assistance from a Personal Injury Attorney in Wetumpka AL can contact Courtney & Mann LLP right now.
