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Alabama Medical Liability/Malpractice Statutes of LimitationAll states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
Ala. Code §6.5.482 Two years from date of injury or six months from discovery. No suit may be brought four years after date of injury. Minors under age 4: by age 8 if statute would have otherwise expired by that time. Alabama Medical Liability/Medical Malpractice LawsDamage Award Limit or CapNo limitations. Limits on noneconomic damages (§6-5-547) declared unconstitutional by state Supreme Court (see Mobile Infirmary Medical Center v. Hodgen, 884 So.2d (Ala. 2003)). Limits on Attorney FeesNo limitations. Periodic PaymentsRequirement for periodic payments for future damages in excess of $150,000 (§6-5-543) declared unconstitutional by state Supreme Court (see Lloyd Noland Hosp. v. Durham, 906 So.2d 157 (Ala. 2005)). Patient Compensation or Injury FundNone provided. Medical or Peer Review Panels§6-5-333. Liability and confidentiality provisions for serving on peer review or utilization and quality control committee or professional standards review committee or a similar committee §34-24-58. Decisions, opinions, etc., of utilization review committee privileged |
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