Alabama Medical Malpractice Laws
Alabama's medical malpractice law is governed by the Alabama Medical Liability Act (AMLA) of 1987. The statute of limitations is 2 years with a 4-year statute of repose. Critically, Alabama's damage caps were struck down as unconstitutional (Moore v. Mobile Infirmary, 1992), so there are NO caps on compensatory damages. The state's contributory negligence rule applies, meaning any patient fault bars recovery entirely. Alabama does not require an affidavit of merit before filing.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice actions must be filed within 2 years of the alleged act. If not discovered within 2 years, the action may commence within 6 months from discovery. An absolute 4-year statute of repose applies from the date of the act, regardless of discovery.
Exceptions
Children under 4 at the time of the alleged malpractice have until their 8th birthday to file. Children 4 and older follow standard tolling rules (until age 19 + 2 years).
If the healthcare provider actively concealed the malpractice, the statute is tolled during the period of concealment.
Fault & Liability Rules
Alabama's contributory negligence applies to medical malpractice. If the patient is even 1% at fault (failing to follow instructions, withholding symptoms), recovery is completely barred. Exception: contributory negligence is not a defense to a claim of wantonness (reckless disregard).
Damage Caps
Alabama's legislature enacted damage caps in the AMLA, but the Alabama Supreme Court declared them unconstitutional in 1992. There are currently no caps on compensatory (economic or non-economic) damages in medical malpractice cases.
The general punitive damage caps apply to medical malpractice: greater of 3x compensatory or $1,500,000 for physical injury claims.
Filing Requirements
Alabama does not require an affidavit of merit or pre-suit notice. However, the complaint must include a detailed factual description of each alleged act or omission, with the place, date, and time (where reasonably ascertainable). Claims not specifically pleaded are privileged from discovery.
Key Alabama Statutes
Expert witnesses must share the same professional licensure, have comparable training and experience, hold the same board certification (if applicable), and have practiced in the same specialty for at least 1 year immediately preceding the alleged breach.
Patient negligence (failing to follow treatment, non-disclosure of symptoms) completely bars recovery. Combined with Alabama's unique wrongful death statute (punitive only), medical malpractice wrongful death cases in Alabama present an unusual legal landscape.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Alabama.
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