Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Yes, there is and that time limit is referred to as the statute of limitations. In Alabama, medical malpractice actions for personal injury must be filed within two years from the act or omission causing the injury or death. If the cause of action is not discovered or could not have reasonably been discovered within the twoyear period, the action may be filed within six months of the discovery. This limitation period is tolled for minority or disability, but cannot exceed more than four years. The one exception is that a minor who is under age four has until his eighth birthday to bring an action.

A wrongful death action must be commenced within two years after death. There are no tolling provisions that apply to this limitation period.

In an action against a county, the county must be notified of a possible suit within twelve months of the accrual of the action. A municipality must be notified within six months of the accrual. State hospitals are immune from liability as are good Samaritans including emergency personnel.

Other Alabama Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error, which results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: The standard of care for all Alabama health care providers is that level of such reasonable care, skill, and diligence as other similarly situated health care … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: There is no cap on attorney fees for medical malpractice cases in Alabama. Most attorneys will take a medical malpractice case on a contingency fee basis. This means … More
Q: How Much Can I Expect To Be Compensated For My Pain And Suffering?
A: In any action for injury against a health care provider, the injured party and spouse may be entitled to recover noneconomic losses to compensate for pain, suffering, … More
Q: Time Limitations Or Statute Of Limitations For Filing A Claim
A: All actions must be commenced within two years after the act or omission giving rise to the claim; provided, that if the act or omission is not discovered and could … More
Q: Contributory Or Comparative Negligence
A: Contributory negligence: Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which is legally … More
Q: Expert Witness Testimony
A: To establish a prima facie (on the face of it) case of medical malpractice, the claimant must present expert medical and nonmedical (i.e. financial expert) … More
Q: Vicarious Liability
A: When a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with … More
Q: Attorney Fees
A: Contingency fee agreements are agreements that an attorney has with his or her client regarding the payment of the attorney fees. It is not based on the usual hourly … More