This case involves a medical malpractice lawsuit filed by Luciana Robinson, administratrix of the estate of Elouise Robinson, against Dr. Botros Rizk, a resident at the University of South Alabama Hospitals and Clinics (USAHC). The claim alleges that the negligence of Dr. Rizk in performing an emergency caesarean-section and providing subsequent after-care resulted in the death of his patient, Elouise Robinson.
Dr. Rizk petitioned the Supreme Court of Alabama for a writ of mandamus, requesting an order to vacate the trial court's denial of his motion for summary judgment and to grant him said judgement based on his claim of qualified immunity from suit as a state employee performing a discretionary function.
However, the Supreme Court denied the writ, upholding the trial court's denial of Dr. Rizk's motion for summary judgement. The court determined that Dr. Rizk was not protected by State-agent immunity, referencing case of Ex parte Cranman, involving a similar issue of State-agent immunity for a physician employed by a state university.
Amended Complaint Departed from Original Claims and was Barred by Statute of Limitations
Healthcare Providers Failed to Offer Undisputed Evidence Establishing Lack of Due Diligence on the Part of the Plaintiff in Statute of Limitations Defense
Plaintiff Did Not Have a Viable Medical-Malpractice Claim at the Time of Death, Wrongful-Death Action was also Time Barred
Plaintiff's Injury Occurred within the Four-Year Period of Repose, and Complaint Filed 10 years after Alleged Malpractice was Untimely
Amended Complaint Did not Relate Back to Complaint and was Time Barred
Amended Complaint Three Years after Death was Time Barred Due to Statute of Limitations