Alabama · Medical Malpractice
Alabama medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from act or omission. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Cap of $400,000 ruled unconstitutional in Moore v. Mobile Infirmary (1991) on equal protection grounds.
Statute of limitations
AL Code § 6-5-482Standard SOL
2 years from act or omission
Discovery rule
Yes; 6 months from discovery if injury not immediately apparent
Statute of repose
4 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 19 (age of majority in AL) but subject to 4-year repose
Wrongful death SOL
2 years from date of death
Notes
Alabama's age of majority is 19, not 18.
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Alabama med-mal FAQ
What is the medical malpractice statute of limitations in Alabama?+
2 years from act or omission. Yes; 6 months from discovery if injury not immediately apparent Statute of repose: 4 years from act or omission. Wrongful death: 2 years from date of death. Alabama's age of majority is 19, not 18. Source: AL Code § 6-5-482.
Does Alabama have a medical malpractice damage cap?+
No active cap. Cap of $400,000 ruled unconstitutional in Moore v. Mobile Infirmary (1991) on equal protection grounds.
How does Alabama handle the discovery rule in med-mal cases?+
Yes; 6 months from discovery if injury not immediately apparent
What is the Alabama minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 19 (age of majority in AL) but subject to 4-year repose
What is the wrongful death statute of limitations for Alabama medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Alabama damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Alabama attorney before relying on a deadline. Data refreshed May 2026.