Why Won’t a Lawyer Sue My Alabama Doctor?

Jan 4, 2019 | Allen A. Ritchie

Medical Consent

Lawyers, especially personal injury attorneys like myself, are in the business of helping people … specifically injured people. But there is one type of case where you may find it difficult to get a lawyer to help you. That is a case against your doctor.

Medical malpractice cases in Alabama are just plain difficult. I know some attorneys who will not take those type of cases or any case against a physician, hospital, pharmacy or nursing home.

Here are some reasons why:

Time Limits

In Alabama, you have 2 years after the injury to file a lawsuit or, if past that when you discover the injury, 6 months. There are some very rare exceptions but under no circumstance can it be more than 4 years after the incident. Seriously, you can find scissors, left after surgery, at 4 years and one day and get nothing.


Personal injury lawyers pay the expenses up front and eat those costs if they lose. The costs can include expense expert testimony, lots of depositions and investigations. Add to that the lawyer’s time and the time and expenses of his or her staff. Many lawyers estimate putting in at least $100,000 into a med mal case. Some cases can cost millions.

Medical Insurance Companies Will Fight Hard

You most often will not fight the doctor but rather his or her malpractice insurance company. These are wealthy companies with high priced legal talent, who only have to find one flaw in your case to have the whole thing thrown out.

Special Alabama Law

If you are even 1% a fault, you will receive nothing. That is the law in Alabama.

If you or a loved one is injured, talk to a lawyer. Don’t give up too early. Med mal cases are pursued every day in Alabama.

If you are hurt, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet.

Also join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live.

Allen Ritchie

Alabama Personal Injury Lawyer