Alabama Supreme Court Reinforces Medical Malpractice Filing Rules

When it comes to medical malpractice cases in Alabama, there are strict rules that injury victims must follow just to have their day in court. One recent case— Ex parte Brookwood Baptist Health, LLC —shows how missing a single procedural requirement can end your claim before it even begins.

At Ryan & Rouse, we fight to make sure every client’s claim is filed correctly and on time, especially when facing powerful hospitals and medical systems.

Case Summary: Ex parte Brookwood , No. SC-2023-0311 (Feb. 2, 2024)

In this case, the plaintiff sued Brookwood Baptist Hospital, claiming that doctors failed to diagnose a stroke in time—leading to serious, long-term harm. It was a classic failure to diagnose case.

But there was a problem: under Alabama’s Medical Liability Act (AMLA), anyone filing a malpractice claim must include an expert affidavit when the issue is beyond the understanding of a layperson.

The plaintiff filed the lawsuit without that expert statement—and Brookwood moved to dismiss.

The trial court allowed the case to continue, but Brookwood appealed to the Alabama Supreme Court.

The Ruling

The Supreme Court reversed the trial court and dismissed the case, holding:

• An expert affidavit is mandatory in medical negligence cases where expert testimony will be needed to prove the standard of care.

• Failure to include it at the time of filing is grounds for dismissal, even if the error could be corrected later.

Why This Matters

This ruling is a wake-up call for anyone pursuing a medical malpractice claim in Alabama:

🛑 No expert affidavit = no case.
📅 You must file it at the same time as your lawsuit.
📚 The affidavit must clearly outline what went wrong, and how the provider violated the standard of care.

Medical malpractice is already a tough fight—and procedural slip-ups can shut the door on a valid claim.

How Ryan & Rouse Protects Medical Malpractice Victims

Medical providers and hospitals often hide behind technicalities. At Ryan & Rouse, we:

✅ Work with medical experts early to review the case
✅ Draft and file required AMLA affidavits on time
✅ Make sure your claim complies with every legal requirement
✅ Take on hospitals, surgeons, and insurers with no fear

If you or a loved one has suffered due to a doctor’s delay, misdiagnosis, or surgical error, you need a legal team that knows the rules of the game—and how to win.

Don’t Let a Technicality Kill Your Case

Medical errors change lives. Don’t let a paperwork error stop you from getting justice.

📞 Call Ryan & Rouse today for a free consultation on your medical negligence case.
We serve victims across Huntsville, Madison, Decatur, Athens, Scottsboro, Guntersville, and all of North Alabama.

256-801-1000

Or send us an email summarizing your situation from our contact page: https://www.alabamalaw.com/contact