Legal Question in Medical Malpractice in Alabama

I am sorry about your loss. You have two areas of law to be addressed. First is whether or not a viable medical malpractice case even exists and the second is who would pursue said action.

Medical malpractice cases are very difficult and expensive to pursue in Alabama. Our law firm does not handle medical malpractice cases and there are only a few firms in the entire State that do. Attached is a link to an article I wrote for consumers on Med-Mal cases in Alabama. http://www.avvo.com/legal-guides/ugc/why-are-medical-malpractice-cases-so-difficult-in-alabama As you can see from the article, I think you may have a difficult time securing the necessary medical experts to support a medical malpractice claim.

Even if a viable medical malpractice claim exists, then the next question is who has the right to bring such an action. Any wrongful death action for a deceased adult must be brought by the deceased's estate. This means if there is an Executor, via a will, of your friend's estate it will be up to the executor to decide if a malpractice case can be pursued. If your friend died without a will then Letters of Administration will have to be filed with the Probate Court and an Adminstrator for the Estate will need to be appointed to pursue the claim. Below is the Alabama Code Section for priority for Adminsitrators:

Section 43-2-42

Order of grant of administration.

(a) Administration of an intestate's estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory to serve in the following order:

(1) The husband or widow.

(2) The next of kin entitled to share in the distribution of the estate.

(3) The largest creditor of the estate residing in this state.

(4) Any other person as the judge of probate may appoint.

(b) Notwithstanding the provisions of subsection (a) of this section, in all counties having a population of 400,000 or more, according to the last or any subsequent federal census, or in any county having an elected general or county administrator, administration of an intestate's estate must be granted to some one of the persons hereinafter named, if willing to accept and satisfactory to serve, in the following order:

(1) The husband or widow.

(2) The next of kin entitled to share in the distribution of the estate.

(3) The largest creditor of the estate residing in this state.

(4) The county or general administrator.

(5) Any other person as the judge of probate may appoint.

As you can see this can be a complicated and expensive process. While I have tried to give you some guiding information for your question, if you believe a viable medical malpractice claim exists, you really need to consult with an attorney who handles and pursues these type of cases. Again, our firm does not handle med-mal cases. However, if you e-mail me at [email protected] I can try to give you a list of law firms in your area who may handle med-mal cases. Again, my condolences on your loss.