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Verdicts
Alabama Supreme Court Says Amended Complaint Does Not 'Relate Back'
A medical malpractice plaintiff was unable to avoid the operation of the statute of limitations by amending her complaint to assert a claim of vicarious liability against a hospital for the actions of a doctor who was not referenced in the original complaint. Prior v. Cancer Surgery of Mobile P.C., '- So.2d ”, 2006 WL 3334492 (Ala. 11/17/06).
Plaintiff's husband died in the Cancer Surgery of Mobile, P.C. hospital (Cancer Surgery) on Aug. 31, 1999, allegedly as a result of substandard medical care. On Aug. 8, 2001, plaintiff sued her husband's treating physician, Dr. Bradley Scott Davidson and Cancer Surgery, among others, alleging medical malpractice and wrongful death. On Aug. 13, 2002, plaintiff filed a second amended complaint seeking to hold Cancer Surgery vicariously liable for the actions of another doctor, Dr. Gaylord T. Walker, who took over the deceased's care during part of August 1999 while Dr. Davidson was unavailable. Cancer Surgery moved to dismiss the second amended complaint, arguing that the claims based on Dr. Walker's conduct failed to 'relate back' to the date of the original pleading under Rule 15(c)(2), Ala. R. Civ. P., and that they, therefore, were time-barred as exceeding the two-year statute of limitations for claims against Dr. Walker. The trial court granted the motion and plaintiff appealed.
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