Allen’s Answers

A Doctor Does You Wrong

  • June 9, 2017
  • LawCall
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Medical Malpractice lawsuits are extremely difficult to win in Alabama. Let me say it again, medical malpractice lawsuits are extremely difficult to win in Alabama.

One study shows only about 20% of victims whose trials went to a jury got any money.

Here are just some of the barriers:

It is expensive. It takes a lot of evidence to win a medical malpractice case against a doctor or hospital. Depositions, medical transcripts, expert witness fees and court fees are just a few of the out of pocket expenses.

It takes time. The medical insurance folk will drag things out and most always appeal.

Winning in Alabama generally requires you have a doctor testify against your doctor. Since it is unlikely that a local doctor will happily testify against another local doctor, you often have to get an expert from out of state, pay them and cover their travel expenses. To make matters worse, some jurors don’t trust the statements made by someone you had to bring in from Minneapolis.

The burden of proof is different in a medical malpractice case. You have to prove not to the “reasonable satisfaction of the jury” but rather by “substantial evidence.” Plus, the court has ruled that a bad outcome alone does not mean malpractice took place.

And finally, you probably signed a consent form.

Still it doesn’t cost anything to talk to most personal injury attorneys. You might have a case and it could help prevent other people from suffering the same thing.

One final note, our local medical professionals do not want bad providers treating the people of the Gulf Coast. There are some really good people out there.

If you are injured or suffer property damage, you can talk to us at Eiland and Ritchie for free. There is no charge unless we collect for you. We want to help you get back on your feet.

Allen Ritchie
Alabama personal injury lawyer