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 two-year 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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- What Happens If I Am Injured In The Course Of Medical Treatment?
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- How Much Can I Expect To Be Compensated For My Pain And Suffering?
- Time Limitations Or Statute Of Limitations For Filing A Claim
- Contributory Or Comparative Negligence
- Expert Witness Testimony
- Vicarious Liability
- Attorney Fees
- Patient Compensation Funds And Physician Insurance
- Recoverable Damages