Alabama Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
Ala. Code § 6-5-544 (Ruled unconstitutional)
No statutory cap on noneconomic damages in Alabama. The previous cap of $400,000 was struck down as unconstitutional by the Alabama Supreme Court.
Frequently Asked Questions
Is there a cap on noneconomic damages for medical malpractice in Alabama?
No. The Alabama Supreme Court struck down the statutory cap on noneconomic damages (Ala. Code § 6-5-544) as unconstitutional, meaning plaintiffs can recover full damages.
Are there any exceptions where a cap applies in Alabama?
No, there are no statutory caps on noneconomic damages for medical malpractice claims against private healthcare providers.
Does Alabama cap wrongful death damages in medical malpractice?
Alabama law only allows for the recovery of punitive damages in wrongful death cases, meaning compensatory (economic and noneconomic) damages are not awarded. Punitive damages do not have a statutory cap in these specific cases.
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