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McMICKENS v. WALDROP

80-395.

406 So.2d 867 (1981)

David McMICKENS, Administrator of The Estate of LaVonne McMickens v. Edwin Glen WALDROP, M. D., et al.

Supreme Court of Alabama.

Rehearing Denied November 6, 1981.

Attorney(s) appearing for the Case

P. Russell Tarver, Birmingham, for appellant.

John F. Whitaker and Catherine E. Crudup of Sadler, Sadler, Sullivan, Sharp & Stutts, Birmingham, for appellees.

MADDOX, Justice.

The only issue on this appeal is whether to apply the medical malpractice statute of limitations or the wrongful death statute of limitations. The viability of this action for wrongful death allegedly arising out of an act of medical malpractice depends on the resolution of this question, which is one of first impression in the State of Alabama.

The Alabama Medical Liability Act (Code 1975, § 6-5-480, et seq.,) provides that all...

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