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Talk to an Attorney
When a medical professional’s negligence leads to injury or wrongful death, you need someone on your side who you can trust. As an experienced Montgomery medical malpractice lawyer team, the attorneys at Jinks Crow help victims and their families hold healthcare providers accountable.
Medical malpractice occurs when a healthcare professional breaches the standard of care for their profession, resulting in preventable harm to the patient. Sometimes medical malpractice is caused by surgical errors, misdiagnosis, or medication mistakes.These cases require knowledgeable and experienced legal representation.
With over 40 years of experience, Jinks Crow provides the dedicated advocacy needed to pursue compensation for medical expenses, lost wages, and suffering. If you or a loved one has been harmed by medical negligence, contact our office today to schedule a free and confidential consultation.
Contact Us Now 334-738-4225
You have choices when it comes to hiring an Alabama medical malpractice lawyer. Jinks Crow may be the right choice for you for the following reasons:
Medical malpractice cases are some of the hardest personal injury claims to win. Alabama law requires expert testimony, a tight filing deadline, and a detailed complaint from day one. Our attorneys have spent over 40 years working within these rules, building cases that can withstand challenges from a hospital’s legal team and its insurer.
Medical malpractice cases require hiring qualified medical experts to review records and testify about the standard of care. Jinks Crow covers these costs upfront and only gets paid if we recover compensation for you. There is no fee for your initial consultation and no obligation to move forward.
Our Montgomery office is close to the Circuit Court of Montgomery County, and our attorneys know how medical negligence cases move through the Fifteenth Judicial Circuit. We also serve Union Springs and the surrounding communities from our original office there.
Medical malpractice litigation is expensive, and not every bad outcome is malpractice. Before we take your case, we do the work to determine whether the facts support a real claim under Alabama law. If they don’t, we will tell you honestly rather than take your case and waste your time.
Hospitals and their insurers know which firms are prepared to go to trial and which aren’t. Our attorneys prepare every medical malpractice case as if it will be tried in front of a jury, which puts pressure on the other side to offer a fair resolution.
To prove medical malpractice, you must first show what the standard of care was for that professional under the facts and circumstances. This usually requires testimony from a similarly situated professional. A hospital or other licensed healthcare facility may also be responsible or liable for medical malpractice. You must also show that the negligence caused the injury.
Medical malpractice may include:
Not every disappointing medical outcome is malpractice. Medicine involves real risk, and even the best doctor following every rule can end up with a patient who doesn’t get better or develops a complication. Alabama law only allows a malpractice claim when the healthcare provider’s care fell below the accepted standard of care.
Here are a few questions that can help you sort out the difference:
Did the provider do what a competent provider in the same field would have done? The legal standard is not perfection. It is whether the doctor, nurse, or hospital acted as a reasonably careful provider in the same specialty would have acted under the same circumstances. If your doctor followed accepted medical guidelines and the treatment simply did not work, that is usually not malpractice, even if the result was tragic.
Was there a clear deviation from that standard? Malpractice usually involves something a competent provider would not have done. This could include operating on the wrong site, missing an obvious abnormal test result, prescribing a medication despite a known allergy on file, or ignoring symptoms that should have triggered further testing. A bad outcome with no identifiable error behind it is much harder to pursue as a legal claim.
Did the error cause the harm? Even if a mistake happened, you have to show it actually caused your injury. For example, if a test was delayed but the outcome would have been the same regardless, Alabama law generally will not treat that delay as the cause of your damages.
Were you told about the risks in advance? Every procedure carries risks, and doctors must disclose the major ones before you consent. A known, disclosed risk that occurs during an otherwise properly performed procedure is not usually malpractice. What matters is whether the provider caused a risk that should not have happened at all, or made a decision no competent provider would have made.
Would a qualified expert in the same field back up your concern? Because Alabama law requires expert testimony in almost every medical malpractice case, one of the most reliable ways to know whether you have a case is to have a qualified expert in the same specialty as the provider involved review your medical records. If an independent medical expert agrees the standard of care was not met, that is a strong signal you may have a valid claim.
If you are unsure whether what happened to you or a loved one crosses the line from a bad outcome into malpractice, the safest step is to have an attorney review your medical records before the two-year filing deadline runs out. A free consultation with Jinks Crow’s medical malpractice attorneys in Montgomery can help you understand where your case stands.
Medical malpractice damages include the cost of care (past and future), lost earnings, other out-of-pocket losses, plus pain and suffering. In some cases, punitive damages may also be available.
If the malpractice results in a death, Alabama law treats the claim differently than most other states. Under Ala. Code § 6-5-410, Alabama’s Wrongful Death Act, a jury can award only punitive damages. Punitive damages are meant to punish the responsible party rather than reimburse the family. Alabama is the only state that limits wrongful death recovery to punitive damages, and there is no statutory cap on how much a jury can award in most cases.
Unfortunately, medical malpractice cases can be hard to win. The burden of proof is on the injured person or the loved ones of the injured or deceased to prove that negligence of the medical provider caused the injuries or death.
Generally, you must prove:
Though common and frustrating, undesired outcomes, worsening patient conditions, rude healthcare professionals, or untreatable conditions are not considered medical malpractice.
Medical malpractice claims in Alabama are governed by a specific statute called the Alabama Medical Liability Act, or AMLA. It sets stricter rules than an ordinary personal injury case, and missing a deadline or a filing requirement can end a valid claim before it ever reaches a jury.
Filing deadline. You generally have two years from the date of the medical error to file a lawsuit. If you could not reasonably have discovered the malpractice within that two-year window, Alabama’s discovery rule may give you up to six months from the date of discovery. However, you can’t file a claim more than four years after the act that caused the harm, no matter when you discover it. This four-year cutoff is called the statute of repose. Children under four years old are the one exception and have until their eighth birthday to file a claim.
Proving your case. Alabama law requires expert testimony to establish the standard of care, the breach, and causation. Alabama does not require a separate pre-suit notice or certificate of merit before filing, but your complaint must describe each specific act of negligence in detail.
Damages. Alabama does not cap the compensatory damages a jury can award in most medical malpractice cases. The Alabama Supreme Court struck down the state’s damage caps as unconstitutional in Moore v. Mobile Infirmary Association.
Jinks Crow handles medical malpractice cases on a contingency fee basis, meaning you pay nothing upfront and we only get paid if we recover compensation for you.
Medical malpractice includes misdiagnosis, surgical errors, medication mistakes, birth injuries, failure to monitor a patient, and other failures to meet the accepted standard of care.
Malpractice cases against Montgomery-area healthcare providers are generally filed in the Circuit Court of Montgomery County at the Phelps-Price Justice Center on South Lawrence Street.
Sometimes. Hospitals can be held liable for their employees’ negligence. They may also be held liable for the actions of doctors who appear to be hospital staff, depending on the facts of your case.
A signed consent form does not protect a negligent healthcare provider. Consent covers the known risks of a properly performed procedure, not carelessness or mistakes.
Nationally, the average paid claim was about $439,000 in 2024, though every case is different and your case’s value depends on your specific injuries and losses.
If you or someone you love has been hurt by a healthcare provider’s negligence, you deserve real answers, not more uncertainty. Alabama’s medical malpractice laws are strict, filing deadlines move fast, and you must prove what went wrong. You should not have to carry that weight alone.
At Jinks Crow, we have spent more than 40 years helping patients and families across Montgomery, Union Springs, and the surrounding Alabama communities hold negligent healthcare providers accountable. We will review your medical records, consult with qualified experts, and give you an honest assessment of your case, at no cost and with no obligation.
You do not have to figure out on your own whether what happened to you was malpractice. Let us do that work for you.
Contact Jinks Crow today for a free, confidential consultation. Call 334-738-4225 or reach out online to speak with a Montgomery medical malpractice lawyer about your situation.
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