Alabama Medical Negligence
In a medical malpractice case, an attorney would need to know the facts and circumstances involved and review all of the relevant medical records in order to properly advise you. I recommend you consult with an attorney to investigate the matter for you. I wish you the best.
The Burden Of Proof:In a medical malpractice case, you have the burden to prove with expert medical testimony that a breach of the standard of care occurred that resulted in injury.
The Statute Of Limitations:The general statute of limitations pursuant to Code of Alabama section 6-5-482, is two years to get your lawsuit filed in the state's court system, starting from the date on which the breach of the standard of care occurred. There is also a provision that provides a statute of limitations beyond two years. The statute goes on to say that "if the cause of action is not discovered and could not reasonably have been discovered" within the two-year window, "then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier."
Legal Disclaimer:The information herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise you to confer with an attorney to ensure proper advice is received and your rights are protected. No representation is made that the quality of legal services to be provided is greater than the quality of legal services performed by other lawyers.