Crosslin v. Health Care Auth. of Huntsville

• Decision Date: 12 September 2008
• Docket Number: 1051537.
• Citation: 5 So.3d 1193
• Parties: Francis Price CROSSLIN v. HEALTH CARE AUTHORITY OF the CITY OF HUNTSVILLE d/b/a Huntsville Hospital, and Thomas J. Calvert, M.D.
• Court: Alabama Supreme Court

5 So.3d 1193

Francis Price CROSSLIN v. HEALTH CARE AUTHORITY OF the CITY OF HUNTSVILLE d/b/a Huntsville Hospital, and Thomas J. Calvert, M.D.

1051537.

Supreme Court of Alabama.

September 12, 2008.

Michael K. Timberlake of Siniard, Timberlake & League, P.C., Huntsville, for appellant.

W. Stanley Rodgers and Jeffrey T. Kelly of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellee Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital.

Michael A. Florie and J. Wilson Axon, Jr., of Starnes & Atchison, LLP, Birmingham, for appellee Thomas J. Calvert, M.D.

MURDOCK, Justice.

Francis Price Crosslin appeals from a judgment of dismissal by the Madison Circuit Court in his medical-malpractice action against the Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital ("Huntsville Hospital") and Thomas J. Calvert, M.D. We reverse.

I. Facts and Procedural History

On February 23, 2002, Crosslin presented himself at the emergency room at Huntsville Hospital complaining of nausea, dizziness, and weakness. Dr. Calvert evaluated Crosslin and ordered a CT scan of Crosslin's head, an electrocardiogram, a chest X-ray, and a blood count. The CT scan was performed at Huntsville Hospital later the same day. Immediately following the CT scan, a radiologist reviewed the images produced by the scan and issued a preliminary radiology report. This report indicated that Crosslin had a tumor on his pituitary gland. Later in the day, Dr. Calvert spoke with Crosslin concerning his condition, but he failed to inform him of the findings of the preliminary radiology report indicating that he had a pituitary tumor. There is no allegation that the symptoms from which Crosslin suffered on February 23, 2002, were related to the existence of the pituitary tumor. Thereafter, Crosslin was discharged from Huntsville Hospital.

On September 1, 2005, Crosslin presented himself at Huntsville Hospital complaining of a loss of vision in his left eye and decreased vision in his right eye. A CT scan of Crosslin's head again indicated the presence of the pituitary tumor that had been identified by means of the previously performed CT scan. It was on this date, according to Crosslin, that he first learned of the pituitary tumor. He alleges that he was unaware before this date of any facts that would have reasonably led to the discovery of the tumor.

On September 3, 2005, surgery was performed on Crosslin to remove the tumor. Since the time of the surgery, Crosslin's vision has not improved, and he presently suffers from blindness and/or severely limited vision in both eyes.

On February 24, 2006, Crosslin filed the present medical-malpractice action against Huntsville Hospital and Dr. Calvert. He alleged that Huntsville Hospital and Dr. Calvert were negligent and wanton by failing to inform him of the existence of the pituitary tumor that was identified by the 2002 CT scan. He alleged that, as a direct and proximate result of Huntsville Hospital's and Dr. Calvert's negligence and wantonness, he suffered severe bodily injury, including blindness or severely limited vision in both eyes. He also included allegations of negligence and wantonness against numerous fictitiously named defendants.

On March 16, 2006, Huntsville Hospital and Dr. Calvert filed a motion to dismiss pursuant to Rule 12(b)(6), Ala. R. Civ. P. On March 29, 2006, they filed a brief in support of their motion. In their brief, Huntsville Hospital and Dr. Calvert argued:

"The alleged breach of the standard of care in this case was a failure to inform Mr. Crosslin of the presence of a pituitary tumor on February 23, 2002. If the defendants breached the standard of care and caused damages as Crosslin claims, Crosslin would have been damaged on the same date as the alleged negligence, because he was already suffering from the tumor."

Because Crosslin did not file his complaint until four years and one day after February 23, 2002, they argued, Crosslin's action was barred by § 6-5-482(a), Ala.Code 1975, a part of the Alabama Medical Liability Act, Ala.Code 1975, §§ 6-5-480 to -488 ("the AMLA").

On May 18, 2006, Crosslin amended his complaint to allege that he suffered bodily injury after February 24, 2002, as a direct and proximate result of Huntsville Hospital's and Dr. Calvert's alleged negligence and wantonness. On that same day, Crosslin filed a response to Huntsville Hospital and Dr. Calvert's motion to dismiss. He argued that his cause of action did not accrue until he suffered an injury, which, according to his amended complaint, allegedly happened after February 24, 2002. Thus, he argued, his complaint was not barred by § 6-5-482(a).

On June 14, 2006, the trial court granted Huntsville Hospital and Dr. Calvert's motion to dismiss. In its order entering the judgment of dismissal in their favor, the trial court stated:

"All claims asserted against the Hospital and Dr. Calvert by the plaintiff, Francis Price Crosslin, are hereby DISMISSED, with prejudice, because the claims are barred by the statute of limitations contained in Ala.Code § 6-5-482 (1975). The allegations of [Crosslin's] own complaint demonstrate that the claims were filed more than four years after the date on which the cause of action accrued, which means the claims are barred as a matter of law."

(Capitalization in original.) Crosslin filed a postjudgment motion seeking to have the trial court reconsider its dismissal, which the trial court denied. Crosslin appeals.

II. Standard of Review

In considering whether a complaint is sufficient to withstand a motion to dismiss under Rule 12(b)(6), Ala. R. Civ. P., a court "must accept the allegations of the complaint as true." Creola Land Dev., Inc. v. Bentbrooke Housing, L.L.C., 828 So.2d 285, 288 (Ala.2002) (emphasis omitted). "`The appropriate standard of review under Rule 12(b)(6)[, Ala. R. Civ. P.,] is whether, when the allegations of the complaint are viewed most strongly in the pleader's favor, it appears that the pleader could prove any set of circumstances that would entitle [it] to relief.'" Smith v. National Sec. Ins. Co., 860 So.2d 343, 345 (Ala.2003) (quoting Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993)). In determining whether this is true, a court considers only whether the plaintiff may possibly prevail, not whether the plaintiff will ultimately prevail. Id. Put another way, "`a Rule 12(b)(6) dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.'" Id. (emphasis added). Specifically, with regard to an affirmative defense like the one that is the basis of Huntsville Hospital and Dr. Calvert's motion in the present case, the standard for granting a motion to dismiss is "`whether the existence of the affirmative defense appears clearly on the face of the pleading.'" Jones v. Alfa Mut. Ins. Co., 875 So.2d 1189, 1193 (Ala.2003) (addressing the affirmative defense of the statute of limitations) (quoting Braggs v. Jim Skinner Ford, Inc., 396 So.2d 1055, 1058 (Ala. 1981)).

III. Analysis

Crosslin points out that his amended complaint alleges that he was injured sometime after February 24, 2002, as a result of Huntsville Hospital's and Dr. Calvert's alleged failure to inform him of the existence of the pituitary tumor discovered by the CT scan taken on February 23, 2002. Thus, he argues, his complaint is not inconsistent with his ultimately proving a set of facts under which his claim would not be barred, i.e., that his complaint was filed within four years of the date on which his cause of action accrued.

Section 6-5-482(a), Ala.Code 1975, provides, in pertinent part:

"(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act ...."

The parties do not dispute that the present action is governed by the AMLA. The parties likewise do not dispute that, under the allegations of the complaint, Crosslin is entitled to the benefit of the six-month discovery rule contained in § 6-5-482(a), and, thus, that his complaint alone does not, on its face, provide a basis for determining that his claims are barred by the two-year statute of limitations. The only question before this Court is whether the trial court erred when it found that the affirmative defense that Crosslin's action is barred by the above-quoted four-year limitation "appears clearly on the face" of Crosslin's complaint.

This Court has held that the four-year period of repose in § 6-5-482(a) "is an `absolute bar to all medical malpractice claims which are brought more than four years after the cause of action accrues.'" Ex parte Sonnier, 707 So.2d 635, 637 (Ala.1997) (quoting Bowlin Horn v. Citizens Hosp., 425 So.2d 1065, 1070 (Ala. 1982)).<sup>1</sup> "A cause of action `accrues' under § 6-5-482 when the act complained of results in legal injury to the plaintiff." Mobile Infirmary v. Delchamps, 642 So.2d 954, 958 (Ala.1994). "When the wrongful act or omission and the resulting legal injury do not occur simultaneously, the cause of action accrues and the limitations period of § 6-5-482 commences when the legal injury occurs." Id.; see also Grabert v. Lightfoot, 571 So.2d 293, 294 (Ala.1990) ("`The statutory limitations period does not begin to run until the cause of action accrues. ... A cause of action...