Dental And Medical Liability In Alabama:

What You Need To Know

The Malpractice Litigation Climate

August 18, 2011

7 Statutes That Help Level

The Playing Field

1. Specific Pleading

2. Expert Witness Qualifications

3. Abolishment of the Collateral Source Rule

4. Suit in County

5. Substantial Evidence Rule

6. Witness’ Insurance Carrier

7. Other Acts & Omissions Prohibited

Nuts & Bolts Of A

Malpractice Lawsuit

4 Elements:

Dentist Patient Relationship

Breach of the Standard of Care

Causal Connection Between the Breach and

Injury/Death

Damages

The Standard of Care

6-5-542

(2) The standard of care is that level of 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 like cases. A breach of the

standard of care is the failure by a health care provider to

comply with the standard of care, which failure proximately

causes personal injury or wrongful death. This definition

applies to all actions for injuries or damages or wrongful

death whether in contract or tort and whether based on

intentional or unintentional conduct.

Requires Expert Proof

6-5-548

Why Patients File Lawsuits

Communication

Specific Instances

Complications

Criticism of Other Doctors

Staff & Allied Healthcare Professionals

Informed Consent

Charting

Abandonment

The Problems With Texts,

E-Mails, And Social Media

HIPPA Issues And Penalties

Privacy Issues

Professionalism Issues

The Biggest Problem

Discoverable – Along With Everything Else

Cannot Control Who Sees

Never Can Take Back

Cannot Control Comments

Money

And

Professional Reputation