Determining a Genuine Case of Medical Malpractice
There have been reports when medical malpractice issues were guised by presenting the consent form signed by the next of kin of the patient. This was cited as a plausible alibi in what would have otherwise been a clear case of medical malpractice. In fact there are several people who are not quite clear about the status of the consent form and the latter being used as an excuse by health care providers to establish that they are not the ones to be blamed.
The consent form produced in such cases and signed by the relative of the patient is indeed an acknowledgement of the risks involved in the medical procedure or a mode of treatment. But that does not, in any way, alleviate the responsibility of the medical practitioners.
Medical malpractice cases in Alabama are decided on the basis of the state statutes. These include
- The Alabama Statute of Limitations: Any legal action against a defaulting medical practitioner needs to be undertaken within a span of a couple of years after the incident takes place as stated in Ala. Code § 6-5-482 (1993).
- The Alabama Statute of Comparative or Contributory Negligence: The state conforms to the statute of contributory negligence by virtue of which the fault of the plaintiff can considerably affect the chances of securing compensation.
- The Alabama Statute of Vicarious Liability: This act states that a medical establishment is not responsible for the acts of a doctor who is not on their rolls as per “respondent superior”.
- The Alabama Statute of Expert Testimony: As per Ala. Code § 6-5-548, in such cases of medical malpractice the opinion of an expert in the field needs to be sought to establish the case in favor of the plaintiff.
It is not possible for the plaintiff to be aware of all these legalities and hence an Alabama medical malpractice attorney can provide the necessary assistance.
Information on various aspects of medical malpractice cases can be accessed from comprehensive legal directories on the web.