Cutler v. University of Alabama Health Services

Supreme Court of Alabama

Jefferson County | 215 So.3d 1065 | July 8, 2016


Plaintiff's Injury Occurred within the Four-Year Period of Repose, and Complaint Filed 10 years after Alleged Malpractice was Untimely

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.

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