Statute of Limitations |
Medical Claim Generally:A medical malpractice claim “must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date” [Ala. Code § 6-5-482(a)] Minors:“No action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action” [Ala. Code § 6-5-482(b)] Wrongful death:“Must be commenced within two years from and after the death of the testator or intestate” [Ala. Code § 6-5-410(d)] |
Damage Caps |
Alabama currently has no damage caps [Moore v. Mobile Infirmary Ass’n 1991] |
Attorney Fee Caps |
Alabama currently has no attorney fee caps |
Pre-suit Requirements |
Alabama does not have a statutory requirement to give advance notice to health care providers and does not require a medical expert affidavit. The statute only specifies that the claim must not be “without adequate legal basis, or false, or unfounded, or without probable cause” [Ala. Code § 6-5-550] |
Expert Qualifications |
The expert must be licensed by the appropriate regulatory board or agency of this or some other state, trained and experienced in the same specialty, is certified by an American board in the same specialty, and practice this specialty during the year preceding the date of the alleged breach of standard of care. The expert may testify on standard if care if the expert is a similarly situated health care provider [Ala. Code § 6-5-548(c), (e)] |
Negligent Credentialing Claims |
Although the Supreme Court of Alabama held that the peer review statute did not unconstitutionally bar patient from prosecuting her claim against hospital for negligence in hiring and credentialing physician [Ex parte Qureshi, 786 So. 2d 374, 376 (Ala. 2000)], there is no case that directly recognizes a negligent credentialing cause of action or standard. All accreditation, quality assurance credentialling and similar materials shall be held in confidence and shall not be subject to discovery or introduction in evidence in any civil action against a health care professional or institution arising out of matters which are the subject of evaluation and review for accreditation, quality assurance and similar functions, purposes, or activities [Ala. Code § 22-21-8] |
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