There is a newer version of the Code of Alabama
AL Code § 6-5-482 (2013) What's This?
Section 6-5-482Limitation on time for commencement of action.
(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, 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; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date.
(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action.
(Acts 1975, No. 513, p. 148, §4.)
Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get free summaries of new opinions delivered to your inbox!
As an expert in legal studies and the American legal system, I can confidently delve into the Code of Alabama and its statutes to provide comprehensive insights.
The Code of Alabama, specifically Title 6 - Civil Practice, Chapter 5 - Actions, Section 6-5-482, pertains to the limitation on the time for commencement of action against healthcare providers for liability, error, mistake, or failure to cure, whether based on contract or tort.
This section establishes a statute of limitations for actions against physicians, surgeons, dentists, medical institutions, or other healthcare providers. According to subsection (a), such actions must be commenced within two years after the act, omission, or failure that gives rise to the claim. However, there are provisions for discovery wherein if the cause of action isn't discovered and couldn't reasonably have been discovered within the initial two-year period, the action may be initiated within six months from the date of discovery or the date of discovering facts that could reasonably lead to such discovery, whichever is earlier. Importantly, no action can be commenced more than four years after the act, except for errors, mistakes, acts, omissions, or failures to cure that occurred before September 23, 1975, which have a limitation of one year from that date.
Subsection (b) of the section clarifies that subsection (a) is subject to existing provisions of law governing statutory periods of limitation for commencing actions, referencing several sections including Sections 6-2-1, 6-2-2, 6-2-3, and others. Notwithstanding any provisions in these sections, it reiterates that no action shall be initiated more than four years after the act, omission, or failure complained of. However, in the case of a minor under four years of age, such minor has until their eighth birthday to commence such action.
This legal provision outlines the timeframes within which actions against healthcare providers for liability or malpractice must be initiated in Alabama and factors in situations involving minors. It's crucial to note that the interpretation and application of such statutes often require legal expertise and case-specific analysis.
Please note that the provided information is based on the 2013 Code of Alabama, and for the most current or accurate details, it's advisable to consult official and updated sources or legal counsel due to the possibility of newer versions or amendments to the law.
