When Is It Too Late to Sue for Medical Malpractice in Alabama?

Deciding to file a medical malpractice lawsuit is a difficult decision. The decision must be made in a very emotional and confusing time. At the same time, it is a decision that must be dealt with. If you wait too long, the decision may be made for you because it may be too late to file the lawsuit.

In Alabama, all lawsuits against health care providers must be commenced within two years of the negligent act that caused the lawsuit. This is the law in Alabama according to Alabama Code section 6-5-482. On the other hand, the same code section provides that if you did not discover that your doctor was negligent until two years after it happened, or if you could not reasonably have discovered that fact within two years, then you can bring a lawsuit against your doctor within six months from the date you discovered the doctor's error or six months from the date you should have realized your doctor made a mistake that harmed you.

Commonly, victims of a health provider's negligence do not find out about the harm until years after it actually happened. In those situations, six months is shorter than you may think. Frequently, deciding to file a lawsuit is a family affair. Some people are hesitant to sue their doctors because they like their doctors and, after all, people make mistakes.

Your best option is to first speak with an experienced and knowledgeable medical malpractice lawyer in your area. Your lawyer can give you advice and make sure that you make your decision within the time limits. To find a first class Alabama medical malpractice lawyer, click on the state on the left side of your screen.