Alabama Medical Malpractice Statute of Limitations

Medical malpractice happens when a medical professional makes an error in treatment, or acts based on a negligent decision, which is contrary to the common principles of the medical community. Medical malpractice covers a range of wrongdoings from serious injuries to death. Common regulations for medical malpractice vary widely depending on the country, as well as individual state, in which you are filing your claim; however, one consistency remains the same, there is a time limit for how long you have to file. In the state of Alabama, the statute of limitations is straightforward, you have up to 2 years to file your claim, and in special circumstances, you have up to 4 years to file.

Time Limits for Filing a Claim in Alabama

In some cases, it is not uncommon for the symptoms and side effects of medical malpractice to become apparent many years after the fact. Within the state of Alabama, all claims against any health care providers must be taken to court between six months to two years after they have occurred. Should a patient have an extreme disability or is still very young at the two year mark, the court may allow an extension, or toll, on their statute of limitations of up to four years after the claimed negligence has occurred. If you are filing a medical malpractice claim as the family of a deceased party, you have up to two years after the persons passing to file the claim.

Negligence Laws

Alabama courts have ruled against setting a  “cap”  on the worth of a medical malpractice claim. They firmly believe that that is in direct contrast to our constitutional rights. The parties involved in the malpractice claim may settle out of court but the settlement must be signed by both parties. Alabama law dictates that the awarded amount be paid in installments should it be greater than $150,000. Please consult the following table for additional information:

Award Limits in Alabama

The state of Alabama has no set award limits, or caps, for their negligence and medical malpractice lawsuits. The Alabama State Supreme Court has declared award limitations unconstitutional.

Legal Help

Medical malpractice in Alabama or any other state can be a difficult legal process to get through. There is a lot of paperwork, research, and expense involved in filing your claim. These processes are best handled by the plaintiff with their attorney at their side to guide them.