Featured News 2014 Alabama Medical Malpractice Case Dismissed

Alabama Medical Malpractice Case Dismissed

A man sued the Princeton Medical Center, two doctors, the Urology Centers of Alabama, and the Simon-Williamson Clinic, claiming that his penis was partially amputated during a circumcision procedure. A Birmingham judge dismissed the lawsuit two and a half weeks after its filing.

Hospital Claims that Medical Records Prove Innocence

The 59-year old man has both legs amputated above the knee and uses a wheelchair. He claimed that a routine circumcision in June led to a partial-penis amputation that he did not agree to.

The hospital claimed that the man's health issues, due to years of untreated diabetes, had caused vascular issues, including a large amount of dead tissue on the man's body that may have contributed to the medical complications.

The defense attorney noted that medical records show that the circumcision procedure was done in February by a doctor not listed in the lawsuit, with no medical complications. There is no evidence that a partial-penis amputation had occurred at the hospital or clinics according to these records.

The defense further claimed that the malpractice lawsuit filed on July 22 did not adhere to the strict standards put forth by Alabama law. Dates related to the incident were missing and extensive medical records were not reviewed in the original lawsuit. Due to this missing information, the defense attorneys suggested the lawsuit be dropped and for the judge to sanction the plaintiff's attorney and law firm for even filing the lawsuit.

Medical Malpractice Lawsuits in Alabama

Alabama has extremely strict regulations regarding medical malpractice lawsuits. These regulations often favor health care providers, protecting them from frivolous suits. In the four year period between 2004 and 2008, 80% of lawsuits were won by health care providers, and even now, many cases are dismissed before undergoing trial.

In order for a medical malpractice lawsuit to be successful, the case must:

  • Prove that standard of care was breached
  • This breach directly caused the injury
  • Provide expert testimony
  • Obtain a medical opinion before filing a lawsuit

Have more questions about filing medical malpractice suits? Reach out to a personal injury lawyer in your area today.

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