What Are the Chances of Winning a Medical Malpractice Claim in Alabama?

Doctors and other medical personnel have a tremendous responsibility toward patients under their care, but they don’t always live up to that responsibility. Whether through negligence or carelessness, many patients suffer serious harm from medical malpractice every year. A study from Johns Hopkins University found that medical errors are the third-leading cause of death in the United States.

Alabama law allows medical malpractice victims to recover compensation for the harm they’ve suffered, but these cases are notoriously difficult to win. To give yourself the best chance at claiming fair compensation in your medical malpractice lawsuit, contact the Serious Injury Law Group today. Our Alabama medical malpractice attorneys can determine if you have a viable claim and help you pursue compensation for your injuries.

Statistics on Medical Malpractice Cases

The number of medical malpractice cases won is startlingly low in comparison to other types of personal injury cases. The chances of winning a medical malpractice suit without help from a lawyer are extremely low.

One study from the journal Clinical Orthopaedics and Related Research found that plaintiffs with weak evidence only win about 10 percent of their cases. Even in cases where plaintiffs have strong evidence of medical negligence, doctors and other medical personnel still win about 50 percent of jury trials. In these cases, the plaintiffs recover no compensation for their injuries.

Unsurprisingly, the study also found that the amount paid in settlements also drops significantly along with the quality of the evidence.

Difficulties in Winning a Malpractice Suit Against Doctors

Any personal injury claim can be a challenge, but medical malpractice suits are especially difficult. There are a few reasons for this:

• Higher standard of proof – Most personal injury claims require plaintiffs to prove that the defendant is guilty based on the “preponderance of the evidence.” Basically, this means demonstrating there’s a greater than 50 percent chance that the claim being asserted is true. However, in medical malpractice cases, the plaintiff additionally has to show that the doctor’s actions violated the “medical standard of care,” which is a higher bar to clear. To demonstrate negligence in a medical malpractice claim, the plaintiff must show that the doctor’s actions were not in line with what another doctor — with similar training and experience — would have done in a similar situation.
• A more complex litigation process – Unlike some states, Alabama does not require an affidavit before you can file a medical malpractice claim. However, these claims do require the plaintiff to submit a detailed description of each negligent action (or inaction) carried out by the doctor, along with a list of where and when these actions took place to support their claim.
• Confusing medical evidence – The evidence in a medical malpractice case can be confusing, even contradictory at times, which makes it difficult to make a convincing case before a jury. Lawyers for doctors and hospitals know this and will often try to make the case seem more complex and confusing than it really is.

Additionally, plaintiffs sometimes have to overcome bias since many people trust their own doctors and healthcare providers immensely, so they may find it difficult to believe a doctor in a similar position would act in such a negligent manner.

You can also count on the doctors being vigorously defended by their medical malpractice insurers and attorneys.

How Our Alabama Lawyers Can Help You

Even though it’s difficult to win a medical malpractice lawsuit in Alabama, that doesn’t mean you shouldn’t pursue compensation for your injuries. A medical malpractice lawyer can help you pursue the compensation you deserve after sustaining injuries because of a negligent doctor. The medical malpractice lawyers at the Serious Injury Law Group can help with your case by:

• Gathering as much evidence as possible to build a strong case for compensation
• Assisting with the procedural hurdles required to file a medical malpractice claim
• Vigorously defending your right to compensation in settlement negotiations
• Finding the right strategy to make your case in court, should your claim go to trial

If you have further questions about medical malpractice claims in Alabama, you can talk to one of our attorneys by calling our office, filling out our contact form, or connecting with us via live chat. We are tough in negotiations and seasoned in litigation.