Legal Question in Medical Malpractice in Alabama

Medical Malpractice

What information must be included in an Alabama Medical Malpractice lawsuit when filing?


Asked on 9/07/02, 4:07 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Medical Malpractice

When you say what information, I'm not sure exactly what you mean. Georgia requires an affidavit from a doctor, but Alabama doesn't. However, the statute does specify certain specifics must be alleged as set forth below:

Section 6-5-551

Complaint to detail circumstances rendering provider liable; discovery.

. . . The plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint which fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission.

Please call me if you have any questions (205) 254-3927.

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Answered on 9/09/02, 9:51 am


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