McNamara v. Benchmark Ins. Co.: An indemnity action that arises from an underlying claim of medical malpractice is time-barred if commenced more than four years after the medical injury is incurred, pursuant to Alabama Code (1975) § 6-5-482. Facts of the Matter In December 2009, Ricky Avant’s doctor prescribed him to take Tobramycin for two weeks. […]
Betty Collins v. Herring Chiropractic Center, LLC, et al.: Under the Alabama Medical Liability Act, expert testimony is generally required to prove causation and breach of the standard of care, but there are exceptions to the general rule. Burned By a Cold Pack In June 2012, Betty Collins began treating with Ricardo Herring, D.C. for injuries […]
A legal injury occurs, not when the harm manifests itself, but rather when the malpractice itself occurs.