(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.)
Notes of Decisions
Tucker v. Tombigbee Healthcare Auth., 153 So. 3d 734 (Ala. 2014).
· cites it 35× “, arguing that it was barred by the applicable statute of limitations set forth in § 6-5-482, Ala. Code 1975. On April 8, 2012, Tombigbee Healthcare answered and also moved the trial court to dismiss the amended complaint against it pursuant to Rule 12(b)(6), Ala.”
Crosslin v. Health Care Auth. of Huntsville, 5 So. 3d 1193 (Ala. 2008).
· cites it 22× “Calvert by the plaintiff, Francis Price Crosslin, are hereby DISMISSED, with prejudice, because the claims are barred by the statute of limitations contained in Ala.Code § 6-5-482 (1975). The allegations of [Crosslin's] own complaint demonstrate that the claims were filed more…”
McNamara v. Benchmark Ins. Co., 261 So. 3d 213 (Ala. 2017).
· cites it 46× “Acts 1149, 1150 (codified at Ala. Code § 6-5-482 (1975))." 2 425 So.2d at 1068-69 (emphasis added).”
Reese v. Rankin Fite Mem'l Hosp., 403 So. 2d 158 (Ala. 1981).
· cites it 18× “Sewell and Rankin Fite Hospital moved to dismiss on the grounds that the action was timed barred under Code 1975, § 6-5-482. The hospital further asserted sovereign immunity as a ground for dismissal.”
Ex Parte Sonnier, 707 So. 2d 635 (Ala. 1997).
· cites it 17× “Talley's failure to discover the injury can operate to toll the running of the limitations period and to extend the last date for filing a complaint to six months after the discovery of the injury, although it cannot operate to extend that date beyond the four-year period of…”
HealthTrust, Inc. v. Cantrell, 689 So. 2d 822 (Ala. 1997).
· cites it 17× “Code 1975, § 6-5-482(a), provides that medical malpractice actions must be commenced within two years of the alleged malpractice.”
Ex Parte Jackson, 780 So. 2d 681 (Ala. 2000).
· cites it 7× “On April 11, 1995, within the time allowed by Ala.Code 1975, § 6-5-482, for filing a medical-liability action, Johnson filed this action in the Walker Circuit Court against Walker Regional and various fictitiously *683 named defendants described as the "person, persons, entity,…”
Thomas v. Niemann, 397 So. 2d 90 (Ala. 1981).
· cites it 14× “513, Acts 1975, contains a medical liability statute of limitations, Code 1975, § 6-5-482, that was pleaded by motion to dismiss.”
Marsh v. Wenzel, 732 So. 2d 985 (Ala. 1998).
· cites it 7× “Wenzel and the Laboratory contend that the rule of repose in § 6-5-482 allowing four years for the filing of a medical-liability action prohibits the application in a medical-liability case of the doctrine of relation back that normally is available pursuant to Rule 15(c)(4),…”
Hall v. Chi, 782 So. 2d 218 (Ala. 2000).
· cites it 9× “Ala.Code 1975, § 6-5-482, provides in pertinent part: "(a) All actions against physicians, surgeons .”
Trammer v. Bernstein, 596 So. 2d 572 (Ala. 1991).
· cites it 19× “In this case, the majority of this Court has embraced form over substance and has allowed the plaintiff to bring a medical malpractice action in the guise of a claim alleging fraud and misrepresentation, thus avoiding the statute of limitations set out in Ala.Code 1975, §…”
— Ala. Code § 6-5-482(a) — 39 cases
Tucker v. Tombigbee Healthcare Auth., 153 So. 3d 734 (Ala. 2014).
“, arguing that it was barred by the applicable statute of limitations set forth in § 6-5-482, Ala. Code 1975. On April 8, 2012, Tombigbee Healthcare answered and also moved the trial court to dismiss the amended complaint against it pursuant to Rule 12(b)(6), Ala.”
Crosslin v. Health Care Auth. of Huntsville, 5 So. 3d 1193 (Ala. 2008).
“Calvert by the plaintiff, Francis Price Crosslin, are hereby DISMISSED, with prejudice, because the claims are barred by the statute of limitations contained in Ala.Code § 6-5-482 (1975). The allegations of [Crosslin's] own complaint demonstrate that the claims were filed more…”
HealthTrust, Inc. v. Cantrell, 689 So. 2d 822 (Ala. 1997).
“Code 1975, § 6-5-482(a), provides that medical malpractice actions must be commenced within two years of the alleged malpractice.”
— Ala. Code § 6-5-482(b) — 10 cases
McNamara v. Benchmark Ins. Co., 261 So. 3d 213 (Ala. 2017).
“Acts 1149, 1150 (codified at Ala. Code § 6-5-482 (1975))." 2 425 So.2d at 1068-69 (emphasis added).”
HealthTrust, Inc. v. Cantrell, 689 So. 2d 822 (Ala. 1997).
“Code 1975, § 6-5-482(a), provides that medical malpractice actions must be commenced within two years of the alleged malpractice.”
Ex Parte Sonnier, 707 So. 2d 635 (Ala. 1997).
“Talley's failure to discover the injury can operate to toll the running of the limitations period and to extend the last date for filing a complaint to six months after the discovery of the injury, although it cannot operate to extend that date beyond the four-year period of…”
Trammer v. Bernstein, 596 So. 2d 572 (Ala. 1991).
“In this case, the majority of this Court has embraced form over substance and has allowed the plaintiff to bring a medical malpractice action in the guise of a claim alleging fraud and misrepresentation, thus avoiding the statute of limitations set out in Ala.Code 1975, §…”
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