Is There a Statute of Limitations on Medical Malpractice Suits?
When you go to a hospital, doctor’s office, or other medical facility, you have the right to receive care that meets certain standards. At the very least, you expect your doctors, nurses, and other providers to avoid causing you harm.
Unfortunately, medical providers sometimes fail to meet acceptable standards of care, and patients end up suffering preventable injuries and illnesses. When this type of incident occurs, it’s known as medical malpractice.
Under Alabama law, injured patients have the right to file medical malpractice lawsuits against negligent medical providers. If a medical malpractice lawsuit is successful, patients can recover compensation for things like medical bills and lost wages.
However, if you believe you may have grounds for a medical malpractice lawsuit, you need to understand how certain Alabama laws could impact your ability to file. One such law is the statute of limitations, which imposes strict limits on the amount of time you have to file certain types of lawsuits.
What is the statute of limitations in Alabama? Different time limits apply to different types of lawsuits. The Alabama statute of limitations for medical malpractice cases is particularly complex because it contains multiple deadlines. The Serious Injury Law Group explores the specifics of this critical law and how it could affect your medical malpractice case.
To discuss the details of your case with a qualified medical malpractice attorney, contact the Serious Injury Law Group today for a free initial consultation.
What Is the Statute of Limitations for Medical Malpractice in Alabama?
Alabama’s medical malpractice statute of limitations is outlined in § 6-5-482 of the Code of Alabama. The law sets the standard deadline for Alabama medical malpractice lawsuits at two years.
This means you generally have two years from the date when the malpractice occurred to file a lawsuit. Two years may initially sound like a lot of time. However, when you factor in how long it could take to investigate a case, identify who is at fault, and prepare a comprehensive lawsuit, those two years can go by before you know it.
If you attempt to file your medical malpractice lawsuit after the prescribed two-year deadline, the other party can argue that your case should be dismissed, and a judge will most likely agree. This would mean you’d be forever barred from seeking compensation for your losses in court, no matter how strong your underlying case may be.
Keep in mind that while the statute of limitations does not apply directly to insurance claims, it can still affect your ability to negotiate a fair insurance settlement. You probably won’t get very far during settlement negotiations if you can no longer say, “I’ll see you in court.”
Whether you intend to seek compensation through an insurance claim or take your case to court, professional assistance from a seasoned attorney is critical. Your lawyer will know precisely how to calculate important legal deadlines and prevent your case from getting derailed by avoidable administrative mistakes.
What Is the Discovery Rule in Alabama?
The discovery rule is an important component of the medical malpractice statute of limitations. The discovery rule is a special provision that allows you to “toll” or pause the countdown toward the standard two-year deadline for medical malpractice lawsuits in certain situations.
Under Alabama law, the discovery rule applies when a medical malpractice victim has no way of knowing about the medical malpractice at the time it occurred. For instance, if a surgeon accidentally leaves a sponge or foreign object inside a patient, it could take the patient years to discover the error.
If you do not discover and could not have reasonably discovered that medical malpractice occurred within the standard two years, the discovery rule allows you to file a lawsuit within six months of the discovery.
What Is the Statute of Limitations for Minors?
Alabama law also has a special extended deadline for medical malpractice lawsuits involving minors, who are defined as children under the age of eighteen. When minors suffer from medical malpractice, their parents or legal guardians have four years to file a medical malpractice lawsuit.
Additionally, if a malpractice victim is under four years old, the deadline for a medical malpractice lawsuit is the date of their eighth birthday, regardless of when the malpractice occurred.
What Is the Statute of Repose?
The statute of repose is a component of Alabama’s medical malpractice statute of limitations that restricts the scope of the discovery rule. The Alabama statute of repose establishes a hard deadline of four years for all medical malpractice lawsuits, regardless of discovery.
This means if you suffer from medical malpractice but do not discover it for four or more years, you would be prohibited from filing a lawsuit by the statute of repose. However, the statute of repose doesn’t apply to cases involving minor children.
Other Exceptions to the Medical Malpractice Statute of Limitations
There are a few other exceptions that could extend the deadline for the Alabama medical malpractice statute of limitations, including:
- Cases involving fraud – If you can prove the defendant made efforts to fraudulently conceal their malpractice, the time limit may be extended.
- Cases involving insanity – If the medical malpractice victim is mentally incapacitated, the statute of limitations can be paused until they are no longer incapacitated.
- Defendants who leave the state – If the defendant leaves the state at any point after committing the malpractice, the statute of limitations can be paused until they return to Alabama’s jurisdiction.
Contact Serious Injury Law Group Today for Help With Your Medical Malpractice Claim
The best way to make sure your medical malpractice case is handled properly and quickly is to work with an experienced Alabama lawyer. The medical malpractice attorneys of the Serious Injury Law Group are here to provide personalized service and help you seek the results you deserve. Contact us today to learn more about Alabama medical malpractice statute of limitations and your legal options in a free initial case review.