You had 2 years to file in your state.
The answer does not create an attorney-client relationship and is for informational purposes only.
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I'm sorry for the loss of your child. Unfortunately, Alabama has a two year statute of limitations on medical malpractice claims. This means you have two years from the death of your child to file a lawsuit or settle your claim with the doctors. In certain circumstances, the law allows for four years but not 13 years. I'm afraid you have waited to long to pursue any claim. I pray for your recovery and well being.
Medical malpractice actions must be commenced within 2 years or, if not immediately discovered, within six months of the date the injury was or should ahve been discovered. Medical malpractice actions may not be filed more than four years after the date of the act or omission giving rise to the injury. For minors, all actions must be brought within four years regardless of the age of the victim, unless the victim is less than four years old in which case the action may be filed at any time before the victim's eighth birthday.
I am very sorry for your loss. The Alabama attorneys on this panel know the specific restrictions and they appear to conclude that it is too late to bring a claim. I hope you are able to heal emotionally.
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