Cerebral Palsy Lawyer in Birmingham

What Alabama Law Requires Families to Prove

Under the Alabama Medical Liability Act, a family generally must show that a healthcare provider owed a duty of care, failed to meet the applicable standard, and directly caused the child’s injury. The claim must be supported by substantial evidence, usually including testimony from a qualified, similarly situated healthcare provider with comparable training or practice.

Medical Malpractice Filing Deadlines

Alabama Code Section 6-5-482 generally allows two years from the negligent act to file a medical malpractice claim. When an injury couldn’t reasonably have been discovered within that period, the discovery rule may provide up to six additional months. A four-year statute of repose generally creates an outside deadline.

A separate rule applies if the child was younger than four when the alleged malpractice occurred. The child generally has until the eighth birthday to bring a claim. The date of injury, date of discovery, and any applicable exceptions can change the analysis, so families shouldn’t rely solely on the child’s current age when evaluating the deadline.

Compensation for Lifelong Harm

Recoverable damages may account for medical treatment, rehabilitation, therapy, assistive equipment, specialized education, long-term care, lost earning capacity, and non-economic harm. Alabama courts have struck down the statutory cap on compensatory damages in medical malpractice cases, so state law doesn’t impose a fixed compensatory ceiling.

Our catastrophic injury record includes a $10 million medical malpractice verdict. Past results don’t determine the value of another claim, but this verdict reflects our experience presenting complex medical evidence at trial.