In the case Ex parte Hodge, the Supreme Court of Alabama was tasked with the decision concerning a medical malpractice case and the statute of limitations. Dr. Gerald Hodge and Tombigbee Healthcare Authority d/b/a Bryan W. Whitfield Memorial Hospital petitioned for a writ of mandamus from the trial court, arguing that medical malpractice action filed against them by David Tucker, on behalf of Gertha R. Tucker's estate, was barred due to the applicable statute of limitation. They contended that since Gertha did not have a viable medical-malpractice claim at the time of her death, the wrongful-death action against them was also considered time-barred.
The Supreme Court of Alabama agreed and determined that the defendants had a clear legal right to the relief they sought. The Court ruled that a Rule 5 permissive appeal was not an adequate remedy in this situation. The defendants' petitions for writs of mandamus were granted.
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'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