Alabama Medical Malpractice Questions & Answers

Q: Can I sue a rehab/ nursing facility for negligence?

1 Answer | Asked in Health Care Law, Medical Malpractice and Nursing Home Abuse for Alabama on
Answered on Feb 17, 2018
Greg Foster's answer
I am very sorry that your mother has been in distress after arriving at a nursing home / rehabilitation facility. Based on the scenario you have presented, it appears that there may be some issues related to the timeliness and appropriateness of your mother's care. To fully answer your question, however, we would like to evaluate other available information to know more about the medications she was being administered, her treatment and medical condition before arriving to the nursing home /...

Q: Does person filing medical malpractice lawsuit in Al have to remain a homeowner in Al?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Feb 14, 2018
Peter N. Munsing's answer
What they probably want to avoid is it seeming like the hospital is being sued by an "ousider" or , more likely, they want to avoid the case being "removed" to Federal Court.

It makes sense for your mom --and you--to sit down with the lawyers, understand their concerns. Taking on a medical malpractice case is expensive, and if they are willing to file a case they need to avoid anything that could affect the outcome.

There are very few cases that are taken, so if that is their...

Q: If I believe I have a case against a doctor for over prescribing opioid pain medication and benzodiazepines, what's next

1 Answer | Asked in Personal Injury, Employment Discrimination and Medical Malpractice for Alabama on
Answered on Feb 12, 2018
Peter N. Munsing's answer
Problem in your case will be the statute of limitations. Look for an attorney member of the Ala. Assn for Justice who handles medical cases--they give free consults.

Q: In 1998 I had emergency surgery to repair a serious injury to the left side of my face requiring approx 220 stitches

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Answered on Sep 1, 2017
Peter N. Munsing's answer
Contact a member of the Ala Trial Lawyers Assn who handles medical cases. If the surgery found a foreign object you may have a case, if it didn't I don't see a case but you should still get the consult.

Big problem you run into is the statute of limitations.

Q: Can I get legal help for medicines given to me that doesn't work after being denied meds that do I took for years

1 Answer | Asked in Medical Malpractice and Products Liability for Alabama on
Answered on Aug 13, 2017
William Head's answer
That depends. Federal law has dramatically altered the continued availability of opioids, regardless of past prescriptions. A physician can now lose his or her DEA (drug enforcement administration) license to write prescriptions, for violating federal law.

Q: Is it legal for a hospital to have you in a room and after they find out you have no issurance put you in the hall?

1 Answer | Asked in Health Care Law and Medical Malpractice for Alabama on
Answered on Apr 3, 2017
Peter N. Munsing's answer
Not illegal. Tacky, but not illegal. Now if they didn't serve you at all, that might be different.

Q: Can I sue a doctor who made me barren, during a simple procedure, in 1984-86? If not, why?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Feb 16, 2016
Mr. James Parrish Coleman's answer
The short answer is no. THe statute of limitation has long since run on this.

Q: what is the statue of limitations for dental malpractice in alabama

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Nov 16, 2015
Adam Studnicki's answer
Applying statutes of limitations in malpractice cases can be tricky. Talk to a lawyer ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...

Q: Am I able to sue this hospital?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Nov 16, 2015
Adam Studnicki's answer
More information is needed to answer. A local medical malpractice lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...

Q: The judge told me to find a new Medical Malpractice Attorney urgently for an ongoing case. Time is of the essence!

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Nov 11, 2015
Adam Studnicki's answer
You can use the find a lawyer tool on this site, or google, to search for lawyers. Don't delay!

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

Q: Can a pharmacist call my doctor to have meds changed without my knowledge?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Aug 26, 2015
Adam Studnicki's answer
Seems unusual but more information about specifics is needed to answer. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: Can I sue the hospital for anything?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Aug 25, 2015
Adam Studnicki's answer
More information is needed to answer. A local medical malpractice lawyer can evaluate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: how does a mental disability effect the statutue of limitation for the plaintiff for medical malpractice, neglect, hippa

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Aug 25, 2015
Adam Studnicki's answer
The applications of statutes of limitations can be tricky in medical malpractice cases. Talk to a local medical malpractice lawyer ASAP, who can evaluate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...

Q: If a epidural was put into the wrong place and caused a stillbirth can i sue

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Aug 16, 2015
Adam Studnicki's answer
I am sorry to hear about this. You should talk to an Alabama medical malpractice doctor about whether this constitutes medical malpractice. Generally speaking, at least for my State, a medical malpractice case involves hiring one or more expert witnesses to show that a health care provider's actions (or omissions): (1) fell below the standard of care, and (2) caused injury. Most malpractice lawyers provide free consultations. A lawyer can investigate, evaluate and advise whether you have a...

Q: How do l know if l have to attend hearing arguments when my lawyer has filed a motion to withdraw and the defense wants

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Aug 10, 2015
Adam Studnicki's answer
It's not clear what's going on and whether the case has been settled. You may wish to consult with another lawyer about your case.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts...

Q: Can I sue my dentist for malpractice in Canada?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Jul 16, 2015
Adam Studnicki's answer
You'll need to talk to a Canada lawyer about this.

Q: what is the average attorney fee on a medical malpractice case (nursing home abuse)?

2 Answers | Asked in Medical Malpractice for Alabama on
Answered on Apr 28, 2015
Hal Walker Jr.'s answer
It varies by the law firm. I have seen anywhere from 40-50 percent.

Q: How to file a complaint against a lawyer

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Jun 24, 2014
Charles Snyderman's answer
If you want to file a complaint against a lawyer, contact the Center for Professional Responsibility. www.alabar.org

Q: Do doctors have access to lawsuit case names before treating a patient?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on May 9, 2014
William E. Scully Jr.'s answer
Soooo....does this mean that you sued a doctor in the past? Law suits are public record. Doctors can view these records just like anybody else. I wouldn't get to paranoid, though. Doctors are human beings, believe it or not. And just like anybody else, they can be turned off on other people. Your doctor might have heard about your law suit from another doctor. Or it might be something really mundane. He or she might believe that you were rude to his receptionist or that you hadn't paid...

Q: How long do I have to file suit in a Medical Malpractice Case. Is it better to go out of your County for best results?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on May 11, 2011
Mr. Joshua Benjamin Key's answer
All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within six months from the date of such discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Ala. Code § 6-5-482 (1993). Although this statute of...

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