Affinity Hospital, LLC, and Dr. Wade petitioned a writ of mandamus to instruct the Jefferson Circuit Court to dismiss an amended complaint in a wrongful-death lawsuit commenced by Kenneth Davis, as personal representative of the estate of his wife. They requested to dismiss the complaint due to its submission after the two-year statute of limitations had passed and argued that the complaint didn't relate to the original one.
Kenneth Davis argued that the restated allegations fell within the same general timeframe as the initial complaint. However, the Supreme Court of Alabama found drastic departures from the allegations of the original complaints in the restated complaint and ruled that it didn't relate back to the original compliant. Therefore, the Supreme Court granted the petitions, and the writs of mandamus, directing the Jefferson Circuit Court to dismiss the restated complaint.
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
Physician Denied State Immunity as Resident at University of South Alabama Hospitals