This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Alabama Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
In Alabama, a medical malpractice plaintiff must prove that the healthcare provider ?failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.?Ala. Code § 6-5-548(a).
A breach occurs when there is a negligent act or omission. By this negligence, the doctor is said to have deviated from the applicable standard of care. Causation. The breach of the standard of care must be the proximate cause of injury to the patient.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
Under Alabama law, a wrongful death occurs when someone dies due to someone else's ?wrongful act, omission, or negligence? in such a way that, had the victim survived, he or she would've had a right to file a personal injury lawsuit against that party.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction.
Medical Malpractice Payouts By State StateNumber of CasesThe Average Payout per CaseAlabama71$0.61 millionAlaska13$0.31 millionArizona158$0.39 millionArkansas46$0.28 million48 more rows
Alabama has a specific statute that governs claims of medical malpractice called the Alabama Medical Liability Act (?AMLA?). The Act addresses venue, the Plaintiff's burden of proof, qualifications required for an expert witness to testify against a healthcare provider and discovery.