Premier Plastic Surgery, P.C. ("Premier"), the defendant in a medical-malpractice action initiated by the plaintiff, Deborah D. Bush, appealed to the Alabama Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to vacate its order denying Premier's motion for a change of venue.
Premier argued the case should be transferred to the Shelby Circuit Court under Alabama Medical Liability Act (AMLA). The Alabama Supreme Court refused to grant the motion for a writ of mandamus, ruling that the request for a change of venue was not timely.
Premier had preserved its right to file for a venue change in its initial response to the lawsuit. However, the defendant's motion came years after the case was filed and just three weeks before the trial was to start, leading the court to declare the application as untimely.
Writ of Mandamus is not Proper Relief for Discovery Issue