Medical Malpractice statute of limitations

[Unregistered]

Does the statute of limitations get saved the day you FILED your complaint letter? I filed my complaint letter without an address in the proper two year time limit. they sent it back to me for ammendment. However, the other side is stating that since the ammendement was after the statute that my case is over. What laws have proof to this? this is a medical malpractice case in alabama

 

[Michael Wechsler]

Honestly, I can't say I know the answer for sure to this question. What I can say for sure is that the defense will always make the argument - right or wrong - that the statute of limitations has expired. I don't know the cause of action concerning your case. You'll obviously make the argument that the case was filed against the proper party within the statute of limitations and that the defendant was properly served. The amendment concerns a minor aspect of the filing and does not affect the original date of filing. I'm sure you will be able to find this in the state of Alabama with little effort and it may even be covered in the Alabama Rules of Civil Procedure. Look at sections II and XI which appear to possibly cover how amendments might be handled. You may also wish to speak to the court clerk who has probably seen this happen many times before and who would likely be able to point you to the answer easily. Good luck!