Q: How long do I have to file suit in a Medical Malpractice Case. Is it better to go out of your County for best results?
A:
All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within six months from the date of such discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Ala. Code § 6-5-482 (1993). Although this statute of limitations is subject to tolling for minority or disability, in no event may an action be brought more than four years after the act or omission, except that a minor who is under the age of four at the time of the act or omission accrues has until his eighth birthday to commence an action. Id. The constitutionality of the statute has been upheld. Barlow v. Humana, Inc., 495 So. 2d 1048 (Ala. 1986).
Some counties can be a little bit more favorable with their judgments. You should contact your attorney of choice to discuss what options you have available in this regard. You should also be aware of the accusation of forum shopping should you go to a county that would be a stretch. If you need any assistance or a referral please do not hesitate to contact me.
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