The case, Weber v. Freeman, concerns a medical malpractice lawsuit in which Carolyn Freeman, mother of the late Samuel Freeman, filed against Dr. Therese Weber, The Radiology Group, P.A., and the Jackson Hospital & Clinic, Inc. Samuel Freeman, a minor, had died from a bowel obstruction that was allegedly not diagnosed correctly by the defendants. Carolyn sought to add Dr. Weber and the Radiology Group as defendants on the grounds that Dr. Weber failed to notify emergency-room personnel of Samuel's life-threatening condition.
The Alabama Supreme Court reversed the trial court's ruling that denied the motions of Dr. Weber and the Radiology Group to dismiss Freeman's allegations on the basis that the statute of limitations had expired. Similarly, the court reversed the trial court's judgment regarding Carolyn's clarified second amended complaint against Jackson, her complaint did not relate back to her original complaint and thus was time barred.
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 Three Years after Death was Time Barred Due to Statute of Limitations
Physician Denied State Immunity as Resident at University of South Alabama Hospitals
Plaintiff's Failure to Address All Grounds of Defense Constitutes a Waiver of Those Issues - Dismissal Affirmed
Appointment of Personal Representative Does Relate Back to the Filing of the Original Complaint
Appeal Dismissed as Untimely
Plaintiff's Claim Allowed to Proceed Despite Failure to Disclose in Bankruptcy Proceedings