If you believe that a doctor or any healthcare provider has harmed you due to their carelessness, you might have a medical malpractice case. In Alabama, like in many other states, there are specific rules about how long you have to file a lawsuit against healthcare providers. What should patients and their loved ones know?
How long do you have to file a claim after a medical error?
After medical malpractice, patients have a limited amount of time to file a lawsuit against their healthcare provider. These time limits, known as statutes of limitations, are crucial because if you file your claim too late, the court will refuse to hear your case. This means you lose your chance to receive compensation for the harm done to you.
In Alabama, the general rule is that you have two years from the date of the malpractice to file your claim. This means if the malpractice happened on January 1, 2021, you have until January 1, 2023, to start your lawsuit.
What if you did not realize right away that your healthcare provider made a mistake?
If you did not discover the injury right away, you might have a bit more time. Alabama law says you can file a claim within six months from when you discover the injury, but this extension cannot exceed four years from when the malpractice happened. This rule helps patients who might not know immediately that something went wrong.
For example, if the malpractice occurred on January 1, 2021, you would normally have two years to file your claim. However, if you were not aware that malpractice occurred until January 1, 2024, you would still have until July 1, 2024, to file your claim.
Are there other exceptions to the statute of limitations?
If the patient is a child under four years old, the rules are a little different. The parents or guardians can file a malpractice claim any time before the child turns eight years old. This gives families more time to see how the malpractice affects the child’s health as they grow.
Keeping the statute of limitations in mind after a healthcare provider’s mistake harms you or a loved one is essential. Meeting this deadline can help you protect your rights and your ability to seek compensation.