Alabama Medical Malpractice Laws – The Statute of Limitations
In Alabama, patients will need to file a claim against the medical professionals or facility they allege caused their injury within two years of the malpractice unless the cause is not found in the two-year period. In those cases, it is possible to file a claim within half a year (six months) of the discovery or of learning any relevant information that would lead to the discovery of the injury. In cases of wrongful death, claims need to be filed within two years of that death.
Contributory Negligence and Contribution
In Alabama, they utilize the “pure doctrine of contributory negligence”. This means that if the plaintiff is found to be at fault for his or her injury at all, they will not be able to receive damages in the case. Even if the patient is only 1% at fault for the injury, the courts will simply dismiss the case, leaving the patient with no recourse.