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6-5-551
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In
any action for injury, damages, or wrongful death, whether in contract or in tort, against
a health care provider for breach of the standard of care, whether resulting from acts or
omissions in providing health care, or the hiring, training, supervision, retention, or termination
of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery
and all aspects of the action. The plaintiff shall include in the complaint filed in the action
a detailed specification and factual description of each act and omission alleged by plaintiff
to render the health care provider liable to plaintiff and shall include when feasible and
ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his
complaint timely upon ascertainment of new or different acts or omissions upon which his claim
is based; provided, however, that any such amendment must be made at...
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6-5-546
Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful
death whether in contract or in tort against a health care provider based on a breach of the
standard of care, the action must be brought in the county wherein the act or omission constituting
the alleged breach of the standard of care by the defendant actually occurred. If plaintiff
alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions
which took place in more than one county within the State of Alabama, the action must be brought
in the county wherein the plaintiff resided at the time of the act or omission, if the action
is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the
act or omission if the action is one for wrongful death. If at any time prior to the commencement
of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's
death did not result from acts or omissions...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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6-5-574
Section 6-5-574 Limitation on time for commencement of legal service liability action. (a)
All legal service liability actions against a legal service provider must be commenced within
two years after the act or omission or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided, further, that in no event may the action be commenced
more than four years after such act or omission or failure; except, that an act or omission
or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event
be barred until the expiration of one year from such date. (b) Subsection (a) of this section
shall be subject to all existing provisions of law relating to the...
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6-5-482
Section 6-5-482 Limitation on time for commencement of action. (a) All actions against physicians,
surgeons, dentists, medical institutions, or other health care providers for liability, error,
mistake, or failure to cure, whether based on contract or tort, must be commenced within two
years next after the act, or omission, or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided further, that in no event may the action be commenced
more than four years after such act; except, that an error, mistake, act, omission, or failure
to cure giving rise to a claim which occurred before September 23, 1975, shall not in any
event be barred until the expiration of one year from such...
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22-5A-6
Section 22-5A-6 Procedures for resolving complaints. (a) A community ombudsman's access to
any health care facility shall be limited to standard operating hours unless prior arrangements
with the operator of the facility has been made. If the complaint involves more than one provider
or alleges to involve more than one provider, the ombudsman shall investigate all providers.
(b) Any complaint requiring remedial action and deemed valid by the ombudsman shall be identified
and brought to the attention of the administrator or provider involved and followed up in
writing within a reasonable time. Upon receipt of such document, the administrator or provider,
in coordination with the ombudsman, shall establish a course of appropriate remedial action.
If the remedial action is not forthcoming within a reasonable time, the ombudsman must refer
the case to the State Ombudsman who may take any one or more of the following actions: (1)
Allow more time if the State Ombudsman has reason to believe...
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6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury or damage
was caused in whole or in part by the legal service provider's violation of the standard of
care applicable to a legal service provider. A legal service liability action embraces all
claims for injuries or damages or wrongful death whether in contract or in tort and whether
based on an intentional or unintentional act or omission. A legal services liability action
embraces any form of action in which a litigant may seek legal redress for a wrong or an injury
and every legal theory of recovery, whether common law or statutory, available to a litigant
in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone
licensed to practice law by the State of Alabama or engaged in the...
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27-26-5
Section 27-26-5 Reports of judgments and settlements; confidentiality; penalty. (a) Any insurance
company which sells medical liability insurance to Alabama physicians or their professional
corporations or professional associations, or to hospitals or other health care providers
shall be required to report to the state licensing agency which issues the license of the
physician, hospital, or other health care provider any final judgment or any settlement in
or out of court resulting from a claim or action for damages for personal injuries caused
by an error, omission, or negligence in the performance of professional services with or without
consent rendered by its policyholder within 30 days after entry of a judgment in court or
agreement to settle a claim in or out of court. (b) The report rendered to the appropriate
state agency shall consist of the name of the policyholder, or if the policyholder is a professional
corporation or professional association, the name of the physician or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-26-5.htm - 2K - Match Info - Similar pages
22-5A-4
Section 22-5A-4 Selection of community ombudsmen; training; certification; duties; area plan
to describe program; notification of department as to prospective ombudsmen; advisory committee
on program. (a) Each area agency on aging funded by the department shall select at least one
community ombudsman in each planning and service area established according to regulations
issued pursuant to the Older Americans Act of 1965, as amended. The community ombudsman shall
be an employee or contractual employee of the area agency on aging and shall certify to having
no association with any health care facility or provider for reward or profit. (b) The duties
of each community ombudsman shall be as follows: (1) To receive, investigate, respond to,
and attempt informally to resolve complaints made by or on behalf of recipients; (2) To report
immediately instances of fraud, abuse, neglect, or exploitation to the department of pensions
and security for investigation and follow-up pursuant to Chapter...
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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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