Legal Question in Medical Malpractice in Alabama

Is there a discovery clause in the state of Alabama for medical law suits or do you have to sue by the date of the surgery?


Asked on 11/25/11, 5:51 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

There is a six months from the date of discovery, but it is a very difficult hurdle to get over. Here is the statute:

Section 6-5-482

Limitation on time for commencement of action.

(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, 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.

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Answered on 11/28/11, 6:36 am


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