It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance with the previous declaration of Legislature contained in Act 513 of the Regular Session of the 1975 Alabama Legislature it is the declared intent of this Legislature to insure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden upon those who can least afford such increases, and that the threat of such actions contributes to expensive medical procedures to be performed by physicians and other health care providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential medical services caused by the threat of such litigation constitutes a danger to the health and safety of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of health care and to insure its continued availability. Additionally, the Legislature finds that the increasing threat of legal actions for alleged medical injury has resulted in a limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of the defendant health care provider through the interjection of evidence of insurance, the Legislature finds that the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider.
(Acts 1987, No. 87-189, p. 261, §1.)
Notes of Decisions
Cited in
119
cases (
20 in the last 5 years), 1988–2026 · leading case:
O'Rear v. B.H., 69 So. 3d 106 (Ala. 2011).
O'Rear v. B.H., 69 So. 3d 106 (Ala. 2011).
· cites it 16× “*123 As set out in the appendix to Justice Lyons's writing, Justice See wrote, in pertinent part, in his dissent from the original opinion in Mock : "`The dispositive issue is whether the Alabama Medical Liability Act of 1987, Ala.Code 1975, § 6-5-540 et seq. (the "AMLA"),…”
M.C. v. Tallassee Rehab., P.C., 201 So. 3d 525 (Ala. 2015).
· cites it 9× “” Ala.Code 1975, § 6-5-540. The AMLA applies to actions against a health-care provider alleging a “breach of the standard of care.”
Moore v. Mobile Infirmary Ass'n, 592 So. 2d 156 (Ala. 1991).
· cites it 5× “In accordance with the previous declaration of the legislature contained in Act 513 of the regular session of the 1975 Alabama legislature it is the declared intent of this legislature to insure that quality medical services continue to be available at reasonable costs to the…”
Mock v. Allen, 783 So. 2d 828 (Ala. 2000).
· cites it 7× “"The dispositive issue is whether the Alabama Medical Liability Act of 1987, Ala.Code 1975, § 6-5-540 et seq. (the `AMLA'), applies to this action against a *836 physician.”
Taylor v. Smith, 892 So. 2d 887 (Ala. 2004).
· cites it 5× “Code 1975, §§ 6-5-480 to -488, and the Alabama Medical Liability Act of 1987, Ala.Code 1975, §§ 6-5-540 to -552 (both acts are hereinafter collectively referred to as "the Act"), preclude any duty to a nonpatient.”
Ex Parte HealthSouth Corp., 851 So. 2d 33 (Ala. 2002).
· cites it 3× “Section 6-5-548(a) of the Alabama Medical Liability Act ("AMLA"), § 6-5-540 et seq., Ala. Code 1975, requires that a plaintiff in a medical-malpractice action prove that the defendant health-care provider [1] "failed to exercise such reasonable care, skill, and diligence as…”
Smith v. Schulte, 671 So. 2d 1334 (Ala. 1995).
· cites it 4× “[Ala.Code 1975, § 6-5-540.] This statement indicates that the legislature sought to ameliorate a perceived diminution in the availability of adequate health care.”
George H. Lanier Mem'l Hosp. v. Andrews, 901 So. 2d 714 (Ala. 2004).
· cites it 5× “Code 1975, §§ 6-5-480 to -488, as supplemented by Ala.Code 1975, §§ 6-5-540 to -552 ("the AMLA"), governs their conduct and imposes the applicable standard of care.”
Ex Parte Wilson, 854 So. 2d 1106 (Ala. 2002).
· cites it 3× “Code 1975 ("the Act"), is set forth at § 6-5-546, which provides: "In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the…”
Cackowski v. Wal-Mart Stores, Inc., 767 So. 2d 319 (Ala. 2000).
· cites it 4× “" Ala. Code 1975, § 6-5-540. I agree with the main opinion that a pharmacist is within the AMLA's definition of "health care provider," and I agree that the trial court properly entered a directed verdict on the wantonness claim.”
Noland Health Servs., Inc. v. Wright, 971 So. 2d 681 (Ala. 2007).
· cites it 3× “is covered by the provisions of the [Alabama] Medical Liability Act" of 1987, Ala.Code 1975, § 6-5-540 et seq. ("the Act"), supplementing the Alabama Medical Liability Act of 1975, § 6-5-480 et seq.”
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