In this medical malpractice lawsuit, plaintiff Willie Johnson brought forth a wrongful death claim against Brookwood Medical Center and Dr. David H. Jackson. Johnson, acting on behalf of Lydia Darnell's estate, claimed the defendants were negligent in treating Mrs. Darnell and that her death was caused by their failure to diagnose and treat her bleeding.
However, the amended lawsuit was filed more than three years after Darnell's death, which the court held as time-barred. Additionally, Johnson's assertion of fraudulent concealment was seen as an attempt to relate his wrongful-death claim to Alabama's Medical Liability Act, which was not permitted due to the two-year limitations period for asserting wrongful-death actions. Consequently, the Supreme Court of Alabama affirmed the previous summary judgment in favor of the defendants.
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 Did Not Have a Viable Medical-Malpractice Claim at the Time of Death, Wrongful-Death Action was also Time Barred
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
Physician Denied State Immunity as Resident at University of South Alabama Hospitals
Supreme Court Reverses Jury Verdict in Favor of Plaintiff- Not Enough Substantial Evidence Demonstrating Proof of Causation
Appointment of Personal Representative Does Relate Back to the Filing of the Original Complaint
Trial Court Exceeded Discretion in Ordering Changes to Registered Death Certificate
Defense Ruling Upheld due to a Lack of Substantial Evidence that the Administration of Demerol led Directly to Plaintiff's Death