When Is an Indemnity Action Time-Barred under the AMLA?
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. Southern Medical was assigned to fill the prescription but discovered that Medicare would not pay for Tobramycin. At Southern Medical’s suggestion, Avant’s prescription was changed to gentamicin, which Avant was to take for only one week (rather than two). Avant’s doctor relayed the new order...
