In Ex Parte Nail, registered nurses Alanna Nail, Paul Watson, and Gennie Farragher, petitioned for a writ of mandamus to overturn a decision leaving them vulnerable to a medical malpractice suit. George Dulin, a patient under their care, had suffered brain damage after an alleged mishap during a medical procedure. The nurses' attempt to block the suit on the grounds of a statute-of-limitations defense was rejected by the local court.
The nurses appealed the decision to the Supreme Court of Alabama, arguing that the lawsuit was filed after the two-year statute of limitations deadline. But, the court disagreed, asserting that the healthcare providers failed to offer undisputed evidence establishing lack of due diligence on the part of the plaintiffs, noting the Dulins' prompt initiation of investigation and discovery. The court, therefore, denied the nurse's petition, allowing the medical malpractice suit to proceed.
Amended Complaint Departed from Original Claims and was Barred by Statute of Limitations
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
Physician Denied State Immunity as Resident at University of South Alabama Hospitals