Justia Alabama Supreme Court Opinion Summaries

Robert E. Anderson, M.D. and Selma Doctors Clinic, PC, d/b/a Selma Doctors Clinic ("SDC") petitioned for a writ of mandamus to direct the Circuit Court to vacate its order granting plaintiff Barbara Craig's Rule 60(b), Ala. R. Civ. P., motion, and to reinstate the final judgment entered in favor of Dr. Anderson and SDC. This matter stemmed from a medical-malpractice/wrongful-death action filed by Barbara G. Craig as the administrator of the estate of her husband William Craig. Dr. Anderson performed hernia surgery on Mr. Craig at Vaughan Regional Medical Center ("VRMC"), following which, he died. Mrs. Craig sued Dr. Anderson, SDC, and VRMC alleging that the defendants were negligent in their care and treatment of Mr. Craig and that their conduct proximately caused his death. The trial court found that Mrs. Craig failed to qualify her expert on the applicable standard of care, and accordingly, was unable to establish that Dr. Anderson violated the applicable standard of care. Mrs. Craig filed a Rule 59, Ala. R. Civ. P., motion to vacate the judgment or for a new trial. In the motion, Mrs. Craig contended that the trial court erred in excluding the expert's testimony. The trial court denied this motion, but granted her Rule 60(b)(3), Ala. R. Civ. P., in which she argued that Dr. Anderson had committed perjury and had perpetrated a fraud upon the trial court by testifying that he had performed an ulcer surgery when, in fact, he had not done so. Upon review of the record, the Supreme Court concluded the trial court exceeded its discretion in granting Mrs. Craig's Rule 60(b)(3) motion. The Court therefore granted Dr. Anderson's request and issued the writ. View "Craig v. Anderson" on Justia Law

Frank Gillis, M.D. appealed a $5,000,000 judgment entered on a jury verdict against him in favor of Joey Frazier, as executor of the estate of his mother, Florine Bryant, in a wrongful-death/medical-malpractice case. Bryant died in 2005. The case against Dr. Gillis was first tried in October 2010. At the close of Frazier's case, Dr. Gillis moved for a judgment as a matter of law ("JML"), arguing that his alleged negligence was not the proximate cause of Bryant's death. The trial court entered a JML in Dr. Gillis's favor. The Court of Civil Appeals reversed the trial court and remanded the case for a new trial. The case was retried in June 2012. At the conclusion of the retrial of the case, the jury awarded Frazier $5,000,000 in damages for the wrongful death of his mother. Dr. Gillis filed a motion seeking, alternatively, a JML, a new trial, or a remittitur of the damages award. The parties engaged in posttrial discovery. Frazier sought the production of evidence related to a potential bad-faith claim by Dr. Gillis against his liability-insurance carrier, ProAssurance Indemnity Company, Inc. ProAssurance produced certain documents from its claim file for in camera review by the trial court. The trial court conducted an evidentiary hearing and subsequently denied Dr. Gillis's postjudgment motions. Dr. Gillis appealed. After Dr. Gillis filed his appeal from the trial court's denial of his postjudgment motions, Dr. Gillis asked the Supreme Court for permission to file a motion with the trial court for relief from the trial court's judgment under Rule 60(b), Ala. R. Civ. P. Frazier opposed Dr. Gillis's motion. The Supreme Court entered an order staying the appeal and allowing Dr. Gillis to file a Rule 60(b) motion, and remanded the case to the trial court for the limited purpose of conducting a "Hammond/Green Oil" hearing concerning the jury's punitive-damages award. The trial court denied Dr. Gillis's Rule 60(b) motion as time-barred. On appeal, the Supreme Court affirmed the trial court's judgment denying Dr. Gillis relief under Rule 60(b). The Court also reversed the trial court insofar as it considered the potential bad-faith and/or negligent-failure-to-settle claim against Dr. Gillis's liability-insurance carrier. On remand, the trial court was ordered to conduct a Hammond/Green Oil hearing without consideration of the potential bad-faith claim and without consideration of Dr. Gillis's wife's portion of jointly owned assets. View "Gillis v. Frazier" on Justia Law

Defendants Dr. Gerald Hodge and Tombigbee Healthcare Authority d/b/a Bryan W. Whitfield Memorial Hospital separately petitioned for a writ of mandamus directing the Marengo Circuit Court to dismiss the claims asserted against them by Gertha and David Tucker. In 2012, Gertha sued Dr. Hodge, Tombigbee, and others, alleging claims under the Alabama Medical Liability Act. Gertha alleged that Dr. Hodge performed a hysterectomy on her in 2005; that Dr. Hodge negligently failed to account for and to remove a surgical hemostat clamp from her abdomen; she did not discover the presence of the clamp until 2011 when she first started experiencing pain; and that as the proximate result of the negligent failure to remove the clamp she was made to suffer pain, life- threatening medical problems, including severe infections, and mental anguish. "Although the situation with which [the Supreme Court was] presented here [did] not involve the statute-of-limitations defense in the context of fictitious-party practice and the relation-back doctrine, the defendants . . . [were] faced with the extraordinary circumstance of having to further litigate this matter after having demonstrated from the face of the plaintiff's complaint a clear legal right to have the action against them dismissed based on the four-year period of repose found in 6-5-482(a). Having concluded that an appeal pursuant to Rule 5 or an appeal from a final judgment following further litigation is not an adequate remedy in this case, [the Court] conclude[d], based on the particular circumstances of this case, that mandamus is necessary in order to avoid the injustice that would result from the unavailability of any other adequate remedy."View "Tucker, Jr. v. Tombigbee Healthcare Authority " on Justia Law

Defendants Hector Laurel, M.D., Crissey Watkins, and Comprehensive Anesthesia Services, P.C. ("CAS"), sought a permissive appeal to challenge the circuit court's order denying their motions for a summary judgment. Plaintiff Tiffany Prince underwent a laparoscopic cholecystectomy at The Madison Surgery Center. During the anesthetic induction, Watkins administered what she believed to be 4 milligrams of Zofran from a syringe that had a white label with a handwritten letter "Z" on the label. Watkins testified that that medication had been drawn into the syringe by Dr. Laurel, an anesthesiologist. After the medication was administered, and while Prince was moving from the preoperative stretcher to the operating-room stretcher, Prince became weak and was having trouble breathing. Watkins called for an anesthesiologist and assisted Prince with a bag mask. Subsequently, Dr. Hoger, another anesthesiologist, came in and administered anesthesia medication to Prince. Watkins testified that Dr. Laurel came into the room sometime during the induction of Prince. When talking to Dr. Laurel, Watkins learned that the syringe with the white label actually contained Zemuron, a paralytic, and that the syringe had been used on a previous patient ("Patient A"). Watkins testified that, during Patient A's induction, she had disposed of a syringe of Zemuron because she had touched the cap. Subsequently, she said, Dr. Laurel had drawn another syringe of Zemuron for Patient A. Watkins testified that she subsequently checked Patient A's medical records and that Patient A's medical history was negative for a history of HIV and hepatitis C. During the year following her surgery, Prince underwent routine testing for HIV and hepatitis C, and all of Prince's tests were negative. Prince did not pay for any of the testing. Prince later sued Dr. Laurel, Watkins, and CAS, alleging medical malpractice. The trial court entered orders denying the defendants' motions for a summary judgment. Defendants subsequently filed a "Motion to Reconsider or, Alternatively, Motion for Certification of Order for Appeal," which the trial court also denied. The defendants then filed a petition for a permissive appeal to the Supreme Court, which was granted. Upon review, the Supreme Court reversed and remanded, finding that undisputed expert testimony established that there was no medical basis for concluding that Prince had a risk of developing any disease based on the use of the contaminated syringe, and her test results had all been negative. The trial court should have granted the defendants' motions for a summary judgment on that basis. View "Laurel v. Prince " on Justia Law

Dr. Ann M. Mottershaw and The Radiology Group, LLC, appealed the trial court's order granting a motion for a new trial filed by plaintiff Shannon Ledbetter, as administrator of the estate of Venoria Womack. These appeals primarily concerned whether the trial court exceeded its discretion in ordering a new trial based on the jury's exposure to certain evidence that the trial court had excluded by an order granting a motion in limine. Upon review of the trial court record, the Supreme Court concluded that the trial court did not exceed its discretion, and affirmed its decision. View "Mottershaw v. Ledbetter" on Justia Law

Bay Area Physicians for Women ("BAPW") petitioned for a writ of mandamus to direct the Baldwin Circuit Court to vacate an order entered by that court on November 8, 2012, which reinstated a medical-malpractice case filed against BAPW and transferred the case to the Mobile Circuit Court. The Supreme Court concluded BAPW did not include a statement of circumstances constituting good cause for the Supreme Court to consider vacating the November 8, 2012 order, notwithstanding that it was filed more than seven months after the Baldwin Circuit Court entered it. Accordingly, insofar as BAPW's petition for a writ of mandamus sought vacatur of the Baldwin Circuit Court's order, the Court dismissed the petition as untimely. View "White v. Bay Area Physicians for Women" on Justia Law

Dr. Ann M. Mottershaw and The Radiology Group, LLC, appealed a trial court's order granting a motion for a new trial filed by plaintiff Shannon Ledbetter, as administrator of the estate of Venoria Womack. These appeals primarily concerned whether the trial court exceeded its discretion in ordering a new trial based on the jury's exposure to certain evidence that the trial court had excluded by an order granting a motion in limine. After careful consideration of defendants' arguments and the trial court record, the Supreme Court affirmed the trial court's decision. View "Mottershaw v. Ledbetter" on Justia Law

Tammie Boyles, as mother and next friend of Colton Elijah Powell Boyles ("Eli"), filed a lawsuit on behalf of her son for injuries he allegedly sustained from an arterial stick while he was hospitalized at University of Alabama at Birmingham Hospital. Eli's treating physician ordered a blood culture, which was taken by registered nurse Denise Dougherty from Eli's right arm. Later that day, Eli's mother, who is also a nurse, noticed that Eli's fingertips on his right hand were blue or "dusky." Dougherty applied a warm compress to Eli's right hand. The discoloration in Eli's fingertips moved upward from his right hand toward his shoulder. Later Eli was transferred to Children's Hospital of Alabama for treatment of a bowel perforation. While at Children's Hospital, the fingertips of Eli's right hand auto-amputated or fell off. Boyles then filed suit against the nurse. Dougherty filed an answer denying that she was guilty of negligence and denying that there was a causal relationship between her and the injury alleged in the complaint. The trial court entered summary judgment in favor of Dougherty. The trial court concluded that a summary judgment in favor of Dougherty was proper because "[Boyles] lacked an expert capable of testifying as to causation [and] there has been no evidence presented to the [trial court] that [Eli]'s injuries were probably a result of a breach of the standard of care by Dougherty." Boyles appealed. Upon careful review, the Supreme Court concluded that the evidence in this case was sufficient to warrant the child's injuries occurred as alleged. Therefore, the Court reversed the summary judgment entered in favor of Dougherty, and remanded the case for further proceedings. View "Boyles v. Dougherty" on Justia Law

Jamie Gaddy appealed a circuit court judgment that dismissed with prejudice Gaddy's medical-malpractice action against certified nurse anesthetist Lisa Brascho. According to Gaddy, the reason she requested the dismissal of her trial court case against Brascho was to seek appellate review of the trial court's decision granting Brascho's motion in limine. However, the Supreme Court has previously stated that "where the plaintiff knowingly and willingly agrees to a stipulation of dismissal, he has no standing to appeal." Therefore, based on Gaddy's failure to demonstrate to the Supreme Court that it had jurisdiction over Gaddy's appeal, the Court dismissed the appeal. View "Gaddy v. Brascho " on Justia Law

Toma E. Smith, as personal representative of the estate of Tiffani P. Smith, appeals the grant of a summary judgment in favor of Dr. James Fleming, and a judgment entered in favor of Dr. Winfield S. Fisher III and the University of Alabama Foundation on her wrongful death claims. Dr. Fisher and the Foundation cross-appealed, arguing that the action should have been dismissed as being void ab initio. Based on the trial court record, the Supreme Court concluded the trial court did not err in entering a summary judgment in favor of Dr. Fleming. The Court concluded the trial court did not err in its judgment in favor of Dr. Fisher and the Foundation. View "Smith v. Winfield" on Justia Law