George E. Cutler appealed a decision from the Jefferson Circuit Court which dismissed his medical-malpractice lawsuit against the University of Alabama Health Services Foundation and Dr. Paul G. Matz. The basis of Cutler's complaint was that the defendants negligently failed to inform him of a two-centimeter tumor/lesion in his brain that was discovered by an MRI scan in 2005.
Cutler argued that his cause of action didn't accrue until 2015, when he first suffered a seizure related to the tumor. However, the court upheld the trial court's dismissal of Cutler's action, determining that Cutler's injury occurred within the four-year period of repose so his complaint, filed more than 10 years after the alleged malpractice, was untimely.
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
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