Ex parte Snow
Decision Date | 24 September 1999 |
Citation | 764 So.2d 531 |
Parties | Ex parte Dr. Lamar SNOW et al. (In re Mary Alayne Kendall et al. v. Springhill Memorial Hospital et al.) |
Court | Alabama Supreme Court |
A. Danner Frazer, Jr., and Edward C. Greene of Frazer, Greene, Upchurch & Baker, L.L.C., Mobile; and Oakley Melton, Jr., of Melton, Espy, Williams & Hayes, Montgomery, for petitioners.
Michael A. Worel and David G. Wirtes, Jr., of Cunningham, Bounds, Yance, Crowder & Brown, L.L.C., Mobile, for respondents Mary Alayne Kendall and Bradford Kendall.
Norman E. Waldrop, Jr., of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, L.L.C., Mobile, for respondents Dr. Frank Vizzi, Dr. Charles Williamson, and Internal Medical Center.
Thomas H. Keene and Ben C. Wilson of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Medical Ass'n of the State of Alabama, in support of the petitioners.
Dr. L. Lamar Snow, Dr. Steven L. Weinstein, and Surgical Association of Mobile, P.A., defendants in a medical-malpractice action pending in the Mobile Circuit Court, petition for a writ of mandamus directing Judge Joseph S. Johnston, to grant their motion for a summary judgment. They contend they are entitled to a summary judgment on the basis that the applicable statute of limitations, Ala.Code § 6-5-482, bars the plaintiffs' claims against them. This petition requires an interpretation of Rule 9(h), Ala.R.Civ.P., relating to fictitious parties, and Rule 15(c), pertaining to the relation back of amendments to pleadings.
On August 11, 1993, Mary Alayne Kendall went to the emergency room at South Baldwin Hospital in Foley, suffering abdominal pain. An ultrasound procedure revealed that Mrs. Kendall was suffering from gallstones and that she had a gallstone in the common bile duct. Dr. Tyler Nichols referred Mrs. Kendall to Springhill Memorial Hospital ("Springhill") in Mobile, for treatment. Mrs. Kendall was initially treated in Springhill's emergency room and then was admitted to the hospital. Dr. Charles Ivey Williamson took a patient history and performed a physical examination on Mrs. Kendall. His notes stated, in pertinent part:
On August 12, 1993, Dr. Frank Vizzi and Dr. Ivey Williamson, of the Internal Medicine Center, performed a procedure known as an endoscopic retrograde cholangiopan-creatography ("ERCP") study; a papillotomy; and an endoscopic sphincterotomy on Mrs. Kendall. Dr. Vizzi's "procedure note" described the ERCP procedure and his findings as follows:
Later that same day, Dr. L. Lamar Snow and Dr. Steven L. Weinstein performed a laparoscopic cholecystectomy (surgical removal of the gallbladder) on Mrs. Kendall. Dr. Snow's "operative summary" stated:
On the second day after surgery, Mrs. Kendall developed "multi-system organ failure with pancreatitis, hepatic insufficiency, pulmonary insufficiency, and renal failure." On August 19, 1993, Mrs. Kendall underwent an exploratory laparoscopy. Dr. Snow's operative report stated:
Over the next several days, Mrs. Kendall developed "ischemic changes to the extremities." Her family requested further evaluation, and she was transferred by air ambulance to the University of Alabama at Birmingham Hospital (UAB Hospital), in Birmingham. Ultimately, Mrs. Kendall's condition required amputation of both legs below the knees and the loss of her thumbs and all the fingers on both hands.
Later in 1993, Mrs. Kendall and her husband sought legal advice concerning a possible malpractice action. In the course of his investigation, the Kendalls' attorney requested Mrs. Kendall's medical records from Springhill and various physicians who had treated her. Dr. Snow received a letter from the Kendalls' attorney dated December 7, 1993, requesting Dr. Snow's office records. On December 21, 1993, Dr. Snow forwarded his medical records to the plaintiff, along with a letter. Dr. Snow's letter stated:
The Kendalls' attorney subsequently forwarded Mrs. Kendall's medical records (including the records forwarded by Dr. Snow) to a board-certified surgeon for a review of the care that was given to Mrs. Kendall by Springhill and various physicians.
On January 12, 1995, Mrs. Kendall and her husband filed a medical-malpractice action against Springhill Memorial Hospital; Dr. Frank Vizzi; and Dr. Vizzi's medical group, Internal Medicine Center. Mrs. Kendall alleged negligence in regard to the treatment she had received, and her husband claimed a loss of consortium. Specifically, the complaint stated:
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