Legal Question in Medical Malpractice in Alabama

When I was 12 the doctors told my mom that if I didn't have harrington rod placement to correct my scoliosis, then I would die. I had the surgery in Mobile Alabama at age 12, the rod was placed along most of the length of my spine. 14 years later, I was determined to be disabled for life due to the consequences of having the rod (which failed as the hook slipped free from my vertebrae) fused to my spine. I live in extreme pain every day of my life as I have for 12 years now. Recently, I discovered that a large percent of people who have had this same surgery are legally defined as permanently disabled. I found that after an average of 20 ish years, the problems happen. I learned that they had been doing the harrington rod surgery for at least 22 years before my surgery. I learned that my curved spine most likely would not have killed me as there are people with way worse curves that never had surgery and they're doing just fine save maybe some breathing trouble. I am furious. I feel like they disabled me for life just to get paid for that very pricey surgery. I feel like they must have known by 1985 that many of the rods fail and that regardless if they fail or not, the curves DO continue to progress back to their preoperative state. Do I have any legal discourse with such a small statue of limitations on medical malpractice?

T. Green


Asked on 3/19/11, 9:21 am

1 Answer from Attorneys
Joshua Key The Law Offices of Joshua Key, PLLC

I would unfortunately say probably not. All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within six months from the date of such discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Ala. Code � 6-5-482 (1993). Although this statute of limitations is subject to tolling for minority or disability, in no event may an action be brought more than four years after the act or omission, except that a minor who is under the age of four at the time of the act or omission accrues has until his eighth birthday to commence an action. Id. The constitutionality of the statute has been upheld. Barlow v. Humana, Inc., 495 So. 2d 1048 (Ala. 1986).

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Answered on 4/11/11, 12:52 pm


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