Health & Medical in Alabama

Under Ala. Code § 6-5-482, Alabama generally provides a two-year statute of limitations from the date of the negligent act or discovery of injury, with an absolute six-year repose period. This means even if you discover the injury later, claims older than six years may be permanently barred. If the provider is a governmental entity, a notice of claim may be required within six months.

Yes. Alabama Code § 6-5-551 requires a supporting affidavit from a similarly licensed health care provider submitted at or within 90 days of filing the complaint. Without this affidavit, the court may dismiss the case. The certifying expert must confirm that the defendant deviated from the applicable standard of care.

Alabama does not have a statutory cap on compensatory damages (medical expenses, lost wages, pain and suffering) in medical malpractice cases. However, punitive damages in civil cases may be reviewed and limited by appellate courts. This lack of a cap is notable compared to many other states, particularly for cases involving catastrophic injury.

Complaints against licensed physicians may be submitted to the Alabama Board of Medical Examiners online at albme.gov or by mail. The Board investigates allegations of negligence, professional misconduct, or license violations. Filing a board complaint does not start a lawsuit and does not toll the statute of limitations — consult an attorney if you are also considering legal action.