Legal Question in Medical Malpractice in Alabama

Re: Malpractice Statute of Limitations

The normal statute is 2 years from the date of the injury and/or death, but that can change based upon whether the injured individual is a minor or when the injury was discovered, i.e.: a sponge left inside the patient. With respect to who can bring the lawsuit, if the person is still alive and competent, the person can bring the lawsuit. If a family member has been given a power of attorney to file suit, that family member has authority. If the person is alive and not competent, a guardianship would have to be set up through the probate court, and the person appointed guardian would have the authority to bring the lawsuit. If the person is deceased and left a will, her personal representative named in the will would have the authority to bring the lawsuit. If the person is deceased and did not leave a will, an administration of the person's estate would have to be set up in the probate court, and the administrator appointed would have the authority to bring the lawsuit. I hope this helps. If you have any further questions, please do not hesitate to give me a call (205) 254-3927.