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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