ArticlesIf you or a loved one has suffered an injury resulting from medical malpractice, you may consider filing a medical malpractice lawsuit.
However, you do not have forever to file your lawsuit, as there is a statute of limitations restricting your time.
Do not hesitate to contact an Alabama medical malpractice attorney as soon as possible.
Alabama Statute of Limitations for Medical Malpractice Cases
Statutes of limitations can significantly impact your case and right to recovery. A statute of limitations is a law imposed on every type of case restricting the amount of time a victim has to file their lawsuit.
In Alabama, the statute of limitations for medical malpractice cases is two years from the date of the malpractice. If you fail to file your lawsuit before the time clock has run, you forfeit your right to recover for your injuries.
The Discovery Rule
While the typical Alabama med mal statute of limitations gives you two years to file your lawsuit, the discovery rule may delay the time clock.
This rule applies to those who have no reasonable way of knowing they have fallen victim to medical malpractice.
The discovery rule states that if a victim did not discover or could not have reasonably discovered the medical malpractice within the two-year timeframe.
The lawsuit may then commence within six months of the discovery of the malpractice or the date of discovery of facts that should have led to the discovery of malpractice, whichever is earlier.
Statute of Limitations for Minors
For medical malpractice on minors, the statute of limitations is handled differently. In Alabama, minors have four years to file their medical malpractice lawsuit.
If a child was under the age of four when the medical malpractice occurred, the child will have until their 8th birthday to file their lawsuit.
Statute of Repose
Alabama has a statute of repose for medical malpractice cases. A statute of repose places an absolute deadline on a victim’s ability to file a medical malpractice lawsuit, regardless of when they discovered or could have discovered the malpractice.
This statute provides that a medical malpractice lawsuit cannot commence more than four years after the medical malpractice occurred.
The statute of repose does not apply to minor children, who are subject to their own statute of limitations.
Contact an Alabama Medical Malpractice Attorney
The two-year statute of limitations for medical malpractice in Alabama may seem like a long time, but it is not. If your loved one died, an estate must be opened and a personal representative appointed.
Before you know it, the two years will be up, and you will be unable to recover what you are owed for your injuries.
The best way to ensure your case is filed promptly is to contact an Alabama medical malpractice attorney.
Your attorney will gather the details of your case and begin working right away. The sooner you contact an attorney, the more quickly they can start working on your case.
Fob James Law Firm has over 40 years of experience with medical malpractice cases in Alabama.
We understand the stress and frustration that come from such a challenging time, and we’re here to help in any way we can. Our firm takes on fewer cases to give each case the time and attention it deserves.
We give you the care and compassion you need while aggressively fighting for your rights. Our firm offers free case evaluations. Contact us online or call our firm at (205) 407-6009 today, and let’s discuss your case.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.