Medical Liability Actions.

Ala. Code tit. 6, ch. 5, art. 27

in effect

Ala. Code § 6-5-480 Short Title.

6-5-480. Short Title. This article may be cited and known as the “Alabama Medical Liability Act.” (Acts 1975, No. 513, p. 148, §1.)

Ala. Code § 6-5-481 Definitions.

6-5-481. Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice, including medical professional corporations, associations, and partnerships. (2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such practice, including professional dental corporations, associations, and partnerships. (3) MEDICAL INSTITUTION. Any licensed hospital, or any physician’s or dentist’s office or clinic containing facilities for the examination, diagnosis, treatment, or care of human illnesses. (4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association. (5) PHYSICIAN. Any person licensed to practice medicine in Alabama. (6) DENTIST. Any person licensed to practice dentistry in Alabama. (7) HOSPITAL. Such institutions as are defined in Section 22-21-20 as hospitals. (8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services. (9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient. (Acts 1975, No. 513, p. 148, §3; Act 2025-289, §1(b)(1).)

Ala. Code § 6-5-482 Limitation on Time for Commencement of Action.

6-5-482. Limitation on Time for Commencement of Action. (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.)

Ala. Code § 6-5-483 Elimination of Ad Damnum Clause in Complaints.

6-5-483. Elimination of Ad Damnum Clause in Complaints. The ad damnum clause in complaints alleging medical liability shall be eliminated. Such complaints, in place of a claim for specific monetary damages, shall contain instead a general claim for relief. However, nothing in this section shall be construed to prohibit or restrict an attorney from requesting or suggesting a specific sum to be awarded during the trial of any medical liability case. (Acts 1975, No. 513, p. 148, §5.)

Ala. Code § 6-5-484 Degree of Care Owed to Patient.

6-5-484. Degree of Care Owed to Patient. (a) In performing professional services for a patient, a physician’s, surgeon’s, or dentist’s duty to the patient shall be to exercise such reasonable care, diligence, and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community. (b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service. (Acts 1975, No. 513, p. 148, §6.)

Ala. Code § 6-5-485 Settlement of Disputes by Arbitration.

6-5-485. Settlement of Disputes by Arbitration. (a) After a physician, dentist, medical institution, or other health care provider has rendered services, or failed to render services, to a patient out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract. (b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then, upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (Acts 1975, No. 513, p. 148, §8.)

Ala. Code § 6-5-486 Optional Method of Payment of Judgments in Excess of $100,000.

6-5-486. Optional Method of Payment of Judgments in Excess of $100,000. Where a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined in Section 6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the court, in its discretion, may order that: (1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as his attorney’s fee. (2) The remainder of the award shall be paid to the plaintiff in monthly installments in an amount calculated to provide the plaintiff a lifetime income. (3) If the plaintiff should die before payment of all of said award, the same income shall be paid to the beneficiary of the plaintiff for the remainder of the payments due. (4) The defendant file a surety bond with the court in an amount equal to the award remaining after the expenses referred to in subdivision (1) of this section have been deducted. (Acts 1975, No. 513, p. 148, §10.)

Ala. Code § 6-5-487 Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable.

6-5-487. Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable. (a) In all actions for medical liability, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of cost. (b) In no case shall an advance payment in excess of an award be repayable by the person receiving it. (Acts 1975, No. 513, p. 148, §11.)

Ala. Code § 6-5-488 Rules of Evidence and Procedures in Civil Actions Preserved.

6-5-488. Rules of Evidence and Procedures in Civil Actions Preserved. All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article. (Acts 1975, No. 513, p. 148, §13.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026