Can I Sue a Hospital for Medical Malpractice in Alabama?

Medical errors can have serious consequences. If you or someone you love was harmed because of substandard hospital care, you may be wondering whether you can hold the hospital legally responsible.

The answer is yes, you can sue a hospital for medical malpractice in Alabama as long as you can prove that the hospital or its direct employees breached the acceptable standard of medical care and caused your injury.

Recovering compensation for a medical error can be challenging. Our medical malpractice lawyers can take on your case, negotiate with insurers, and help you obtain a fair settlement.

Can You Sue a Hospital for Medical Malpractice in Alabama?

Yes, you can sue a hospital for medical malpractice in Alabama if the hospital’s negligence (or the negligence of certain hospital employees) caused your injuries. 

However, hospitals are not automatically responsible every time a patient is harmed. Whether you have a valid claim depends on who made the mistake, how the error occurred, and whether the hospital had a legal duty that it failed to fulfill.

When Is a Hospital Liable?

You may have grounds to sue the hospital in Alabama where your injury occurred if:

• A hospital employee was negligent: If a nurse, technician, pharmacist, or another hospital employee failed to meet the accepted standard of care and caused your injury, the hospital may be responsible for that employee’s actions.
• The hospital failed to hire qualified staff: Hospitals have a duty to properly screen, hire, and retain competent medical professionals. Failing to do so may expose the hospital to liability.
• The hospital provided unsafe conditions: A hospital may be responsible if unsafe equipment, poor sanitation, inadequate staffing, or other dangerous conditions contributed to your injuries.
• Hospital policies contributed to the harm: Inadequate procedures, poor communication systems, or failures in patient safety protocols may create liability if they result in preventable injuries.
• The hospital failed to supervise employees: Hospitals are generally expected to monitor employees and ensure they follow proper procedures when treating patients.

Why Isn’t the Doctor Liable?

Many physicians who practice inside hospitals are not actually hospital employees. Instead, they may belong to private physician groups that contract with the hospital. If an independent physician commits malpractice, that individual may be legally responsible for your injuries.

That said, Alabama’s hospitals employ a variety of healthcare professionals, including nurses, laboratory technicians, pharmacists, respiratory therapists, and medical assistants. If one of these employees injures you through negligence while performing their job duties, the hospital may be liable.

Some cases may involve both physician negligence and hospital negligence, which would allow you to pursue claims against multiple parties.

Common Types of Hospital Medical Malpractice

Hospital negligence can occur in many different ways. Some of the most common examples include:

• Medication errors: Hospital staff may administer the wrong medication, give the wrong dosage, or provide medication intended for another patient.
• Surgical mistakes: Surgeons or surgical teams may operate on the wrong body part, perform the wrong procedure, or leave surgical instruments inside a patient.
• Birth injuries: Errors during labor and delivery may cause preventable injuries to the mother or baby.
• Failure to monitor patients: Nurses or other healthcare providers may fail to recognize signs of distress or respond appropriately when a patient’s condition worsens.
• Emergency room errors: Hospital staff may delay diagnosis, improperly triage patients, or fail to provide timely treatment during a medical emergency.
• Hospital–acquired infections: Hospitals may fail to follow proper sanitation and infection-control procedures, exposing patients to preventable infections.
• Diagnostic errors: Healthcare providers may misread imaging studies, laboratory results, or other diagnostic tests, resulting in delayed or incorrect treatment.
• Patient falls: Hospital staff may fail to assist patients who are at risk of falling or neglect to implement appropriate fall-prevention measures.
• Communication failures: Miscommunication between doctors, nurses, pharmacists, or other healthcare providers may lead to preventable medical errors.
• Premature discharge: Hospitals may discharge patients before they are medically stable, increasing the risk of complications or reinjury.

How Do You Prove Hospital Medical Malpractice?

To win a personal injury lawsuit against a hospital, you generally must prove the following:

• The hospital or healthcare provider owed you a duty of care: You must show that a professional relationship existed and that the hospital or provider had a legal obligation to provide treatment that met the accepted standard of care.
• The standard of care was breached: You must demonstrate that the hospital or healthcare provider failed to act as a reasonably competent medical professional would have under similar circumstances.
• The breach caused your injury: It is not enough to show that a mistake occurred. You must prove that the negligent conduct directly caused your injuries or significantly worsened your condition.
• You suffered compensable damages: You must show that the malpractice resulted in measurable losses, such as additional medical expenses, lost income, pain and suffering, disability, or other damages.

Types of Evidence That Can Strengthen Your Claim

The strength of your case will depend on the evidence you collect. Useful types of evidence may include:

• Medical records: These documents often provide a timeline of your treatment and identify what care was provided.
• Hospital incident reports: Internal reports may document medical errors, equipment failures, or other safety issues.
• Diagnostic images and laboratory results: These records may reveal delayed diagnoses or treatment errors.
• Medication records: Prescription logs can help identify medication mistakes or dosage errors.
• Witness statements: Testimony from family members, hospital staff, or other patients may support your claim.
• Expert medical opinions: Medical experts can explain how the care you received fell short of accepted medical standards.
• Employment records: These records may help establish whether a negligent provider was employed by the hospital.
• Hospital policies and procedures: Internal policies may demonstrate that required safety protocols were not followed.

What Is the Deadline to File a Medical Malpractice Lawsuit in Alabama?

In most cases, Alabama law requires you to file a medical malpractice lawsuit within two years of the act or omission that allegedly caused your injury. If you miss this deadline, your claim will likely be dismissed, and you will lose the right to recover damages.

However, exceptions may apply in certain situations. For instance, if your injury could not reasonably have been discovered within the initial two-year period, Alabama’s discovery rule may give you six months after the injury is discovered or reasonably should have been discovered to sue for malpractice. 

Regardless of when you discover your injury, Alabama imposes a four-year statute of repose, which means your claim cannot be filed more than four years after the alleged malpractice occurred.

Consult Our Medical Malpractice Attorneys

Liability is often complex in medical malpractice cases. If you suffered a preventable injury at a hospital, the medical malpractice attorneys at Wettermark Keith can investigate the incident, identify who is at fault, and help you hold them accountable for your losses.

Book a free consultation to find out how you can pursue justice.