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 act or omission constituting the alleged breach of the standard of care by the defendant actually occurred. If plaintiff alleges that plaintiff’s injuries or plaintiff’s decedent’s death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff’s decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff’s injuries or plaintiff’s decedent’s death did not result from acts or omissions which took place in more than one county, on motion of any defendant the court shall transfer the action to such county wherein the alleged acts or omissions actually occurred. For the convenience of parties and witnesses, in the interest of justice, a court may transfer any action to any other county where it might have been brought hereunder and/or may order a separate trial as to any claim or party.
(Acts 1987, No. 87-189, p. 261, §7.)
Notes of Decisions
Cited in
26
cases (
4 in the last 5 years), 1988–2025 · leading case:
Ex Parte Wilson, 854 So. 2d 1106 (Ala. 2002).
Ex Parte Wilson, 854 So. 2d 1106 (Ala. 2002).
· cites it 33× “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…”
Ex Parte Smiths Water & Sewer Auth., 982 So. 2d 484 (Ala. 2007).
· cites it 5× “The disjunctive "or" does not appear in § 6-5-546, Code of Alabama 1975, which authorizes the transfer of actions against medical providers "[f]or the convenience of parties and witnesses, in the interest of justice.”
Ex Parte B.L.H., 677 So. 2d 1152 (Ala. 1995).
· cites it 9× “Alabama Code 1975, § 6-5-546, states: “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 act or omission constituting…”
Aurora Healthcare, Inc. v. Ramsey, 1091561 (Ala. 10-21-2011), 83 So. 3d 495 (Ala. 2011).
· cites it 2× “The defendants filed a motion to dismiss or for a change of venue on December 6, 2005, on the basis of Ala.Code 1975, § 6-5-546. That statute provides that a wrongful-death action against a health-care provider must be brought in the county where the alleged acts or omissions…”
Ex Parte Child.'s Hosp. of Alabama, 721 So. 2d 184 (Ala. 1998).
· cites it 44× “The Health Care Defendants maintain that under Ala.Code 1975, § 6-5-546, Jefferson County is the only appropriate venue for the malpractice claims because all of the alleged acts of malpractice occurred in Jefferson County.”
Cackowski v. Wal-Mart Stores, Inc., 767 So. 2d 319 (Ala. 2000).
“' Section 6-5-546." 658 So.2d at 387 . The Cackowskis argue that this case is factually distinguishable from Tuscaloosa Orthopedic Appliance Co.”
Ex Parte Hanna Steel Corp., 905 So. 2d 805 (Ala. 2004).
“99-249 contained the following proviso after the above-quoted language: "provided however, that nothing herein shall change, amend or otherwise affect more specific provisions in other chapters which provide for where actions may be filed, and without limitation, this act shall…”
Ex Parte Child.'s Hosp. of Alabama, 721 So. 2d 184 (Ala. 1998).
· cites it 44× “The Health Care Defendants maintain that under Ala.Code 1975, § 6-5-546, Jefferson County is the only appropriate venue for the malpractice claims because all of the alleged acts of malpractice occurred in Jefferson County.”
Schmidt v. Shearer, 995 P.2d 381 (Kan. Ct. App. 1999).
“, Ala. Code § 6-5-546 (1993) (establishing venue for a medical malpractice wrongful death in the county where the act or omission constituting the breach of the standard of care actually occurred, but if more than one county is applicable, the proper venue is the residence of…”
Ex Parte Huntsville Hosp., 540 So. 2d 1344 (Ala. 1988).
· cites it 12× “1) applies, or whether the forum non conveniens provisions of the Medical Liability Act of 1987 (Act 87-189, Ala. Code (1975), § 6-5-546) is applicable.”
Mashner v. Pennington, 729 So. 2d 262 (Ala. 1998).
“1) applied or whether the forum non conveniens provision of the Medical Liability Act (§ 6-5-546) applied in that particular malpractice case.”
Wilson v. Anesthesiology of Selma, P.A., 854 So. 2d 1106 (Ala. 2002).
· cites it 32× “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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.