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Birmingham Personal Injury Attorneys > Blog > Medical Malpractice > Alabama’s Medical Malpractice Statute Of Limitations Is Very Brief

Alabama’s Medical Malpractice Statute Of Limitations Is Very Brief


It can be difficult to realize that you have been the victim of medical malpractice, but if you come to that conclusion, it is crucial that you act as quickly as possible. Alabama, and all other U.S. states, have what are known as statutes of limitations, which set specific time limits in which a person can file a certain civil lawsuit. A medical malpractice case must be filed within two years of the act (or omission) that gave rise to your lawsuit.

Navigating the legal process is confusing at the best of times, but a medical malpractice claim can be even more complex, and you do not have to go through it alone. The Birmingham medical malpractice attorneys at Goldasich, Vick, & Fulk can help to shoulder the load, and will work hard for your interests while you focus on physical recovery.

Set In Stone

Specifically, the Alabama statute of limitations on medical liability states that any action against a healthcare provider for “liability, error, mistake, or failure to cure” must commence within two years of the act of alleged malpractice – whether a bad diagnosis, a surgery performed ineptly, or a failure to diagnose a serious condition. There are situations in which more time may be had – usually if your condition was not discovered within the two-year period – but this is difficult to receive.

The reason that it is so difficult to get extra time in which to file is because you do not simply have to prove that your condition was not discovered during the initial two years – rather, you must show that a reasonable person could not have discovered your condition during that period. If you fail to do this, it is possible or even probable that you will not be allowed to file.

Different For Children

For adults, the two-year statute of limitations is fairly inflexible. For children, however, the statute may be longer, simply because children – especially very young children – are not particularly well equipped to articulate pain or bodily issues. In some cases, they may not even be aware that an injury has taken place. Other times, an injury or problem may not even manifest itself until a child has aged, depending on the specific facts of the case.

Generally, a child aged four or under has until their eighth birthday to file suit (that is, to have their parent do so as ‘next friend’), while a child between the ages of eight and eighteen has four years in which to file. It can be difficult to determine whether or not it is worth it to your family to file suit, but in many cases, it can get you the compensation you may need that will help you care for your child or children.

Let Our Attorneys Help You

Medical malpractice is an event that can leave a person or a family reeling, particularly if the person affected is a child. If your family has experienced medical malpractice, it can feel overwhelming to think of filing a lawsuit against the healthcare provider – but you have the legal right to seek compensation for what you have been through. The Birmingham medical malpractice attorneys from Goldasich, Vick & Fulk can offer knowledgeable and compassionate representation during what can be a scary time for you and yours. Call our office today at (205) 731-2566 to schedule a consultation.

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