Ex Parte Anderson

Supreme Court of Alabama

Dallas County | 166 So. 3d 86 | Sept. 30, 2014


Plaintiff Failed to Prove Claim Despite Alleged Perjury and Fraud by Defendant

Ex Parte Anderson involved Barbara Craig filing a lawsuit on behalf of her deceased husband against Dr. Robert Anderson and Selma Doctors Clinic in Alabama. Mr. Craig had a hernia repair surgery performed by Dr. Anderson, after which he suffered severe pain, leading to the discovery of a perforated duodenal ulcer. Although medical records indicated Anderson performed surgery to repair the ulcer, an autopsy performed failed to find evidence of the ulcer or the repair. Mrs. Craig claimed that negligent care and treatment led to Mr. Craig's death. 

The trial court originally ruled in favor of Dr. Anderson and Selma Doctors Clinic, but a subsequent Rule 60(b) motion filed by Mrs. Craig alleged that Dr. Anderson committed perjury and was fraudulent in his claims of performing the ulcer surgery. Despite this, the Alabama Supreme Court ruled that Mrs. Craig could not prove that the alleged fraud prevented her from fully presenting her case, resulting in the reinstatement of the original ruling in favor of the defendants.

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