Just wondering if anyone knows the statue of limitations in Alabama on a malpractice case. Almost 5 years ago I had my wisdom teeth taken out and had nerves cut in my mouth that resulted in half of my tongue being numb and on the other side part of my lower lip, I was told there was nothing i could do because that was one of the things that could happen, anyway, 2 weeks ago I was having my teeth cleaned and told them how much it bothered me and they took a panaramic xray and found that part of the dental instrument was broken off in my mouth from that surgery. Just wondering if I would have a case or has it been to long. Thanks for your time

Lance
Doemasters@aol.com

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).

See also http://www.mcandl.com/alabama.html

For sure you have a case here: You have prove that a mistake was made that time on their behalf. I suggest also to contact a lawyer to find out the possibilities here in your case. Good luck!

I am an employer in georgia of a small company. I hired an employee 6mths ago, but lately, she has come up with several injuries she said occured while working. The other employees are saying she's trying to get money, so she won't have to work. Last month she said she hurt her back, this month she stuck her finger in a machine and damaged her nail. We asked her if she was ok. She said yes. Left work ,went straight to doctor's office. Came in the next day with papers to pay for her doctors visit, which basically said return to work- next day. Light duty for 7 days. We are open Mon - Fri and no operating machinery while on medication. Which she was given none. How to you handle getting rid of this type of employee ,so won't run us out of business?

I have talked with 3 lawyers and all told me that the time limit had ran out for my case, just doesn't seem like the guy should get off with nothing happening. I even had to pay to have this done

Thanks for your answers

You need to consult with a malpractice lawyer in MS to find out. Most offer free consultation and advertise on tv and in newspapers and the yellow pages. On a practical point, this is tricky to answer because you had pain immediately, which would have started the clock in terms of the statute of limitations. BUt now, there is a recent discovery of the device in your mouth, which may be the type of event that restarts the statute of limitations again based on the discovery doctrine. Local counsel should be able to tell you which event the court would most likely consider as starting the statute of limitations on the malpractice.