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Time Limitations Or Statute Of Limitations For Filing A Claim

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 not reasonably have been discovered within the twoyear period, then it may be commenced within six months from the date of discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Although this statute of limitations is subject to tolling for minority or disability, in no event may an action be brought more than four years after the act or omission, except that a minor who is under the age of four at the time of the act or omission accrues has until his eighth birthday to commence an action.

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