In Alabama's medical malpractice lawsuit Ex parte Vanderwall, an appeal and a petition for a writ of mandamus were filed by the defendant, Kristopher Vanderwall, a physical therapist. The plaintiff, M.C., alleged that Vanderwall sexually assaulted her during a physical therapy session. Vanderwall challenged the rulings of the Elmore Circuit Court, which suggested he acted inappropriately.
However, the Supreme Court dismissed the appeal and denied Vanderwall's petition. The court ruled that M.C.'s allegation that Vanderwall sexually assaulted her does not fall under the Alabama Medical Liability Act (AMLA) as medical malpractice.
The court's decision determined that sexual misconduct by a healthcare provider towards a patient is not medical treatment and does not result in a "medical injury" as defined under the AMLA. Therefore, M.C.'s action against Vanderwall isn't governed by AMLA.
Defendant's Petition to Vacate Order Was Untimely and Denied
Defendant Qualified for State Immunity and Case was Dismissed for lack of Subject Matter Jurisdiction