In this appeal, Victor Chin, M.D., and Sportsmed Orthopedic Specialists, P.C. (the Sportsmed defendants) sought relief from two rulings by the Jefferson Circuit Court relating to their treatment of the plaintiff, Malik Landen Woodard (Woodard). Woodard sued the Sportsmed defendants after they obtained records of his psychological treatment against his wishes.
First, the Sportsmed defendants appealed the decision denying their motion to change venue as per Alabama Medical Liability Act. Second, they sought to contest the order prohibiting them from using the obtained psychological records, requiring them to return or destroy said records.
The Supreme Court of Alabama denied the motion to change venue posed by the Sportsmed defendants as they failed to demonstrate that Woodard's complaint lacked an inference that Dr. Chin had no medical reason for obtaining the psychological records.
Similarly, the appeal against the protective order denying the use of the psychological records was rejected as the Sportsmed defendants failed to prove that the order was subject to mandamus review. The Supreme Court concluded that the order in question did not deny the defendants an adequate or fair trial nor did it prevent them from making a record on a discovery issue.
Discovery Requests Regarding Remedial Measures From Prior Incidents Denied as Outside the Scope of the Alabama Medical Liability Act
Plaintiff was Permitted Discovery Regarding "Other Incidents" Involving Plaintiff and Investigation of Claims
Ex Parte Interviews with Plaintiff's Treating Physicians are not Prohibited by Alabama Law
Medical Chart Was Not Required to Be Attached to Affidavit
Trial Court Directed to Narrow the Scope of Permitted Discovery
Motion to Change Venue Three Weeks Before Trial Denied as Untimely