Mobile Infirmary Association ("MIA"), doing business as J.L. Bedsole Rotary Rehabilitation Hospital ("Rotary Rehab") and doing business as Mobile Infirmary Medical Center ("Mobile Infirmary"), petitioned the Alabama Supreme Court for mandamus relief from a complaint filed by John McBride alleging medical malpractice. According to McBride's complaint, he had undergone a craniotomy, hospitalization, and treatment at Mobile Infirmary for a subdural hematoma he had suffered while at home. He alleged that, in early June 2018, he was transferred to Rotary Rehab "to receive skilled and specialized nursing, medical and rehabilitative therapy." McBride further alleged that, while he was a patient at Rotary Rehab, he "suffered a decubitus pressure ulcer to his left and right heels, causing severe pain and suffering, infection, hospital treatment, financial loss, emotional distress, and eventually amputation below his left knee." McBride's complaint asserted counts of negligence and wantonness against the defendants, based on several alleged breaches of the applicable standards of care. MIA, in its capacity doing business as Rotary Rehab and in its capacity doing business as Mobile Infirmary, moved to dismiss McBride's complaint, arguing that his claims are barred by the limitations period set out in 6-5-482(a), Ala. Code 1975. Specifically, MIA contended the complaint was not filed until July 22, 2020, more than two years after the date of accrual of any potential claims against Mobile Infirmary or Rotary Rehab. The Alabama Supreme Court determined the statutory bar was apparent from the face of McBride's complaint. Therefore, MIA demonstrated a clear legal right to an order dismissing the complaint. Accordingly, MIA's mandamus petition was granted, and the writ of mandamus was issued directing the circuit court to vacate its order denying MIA's motion to dismiss, and to enter an order granting the motion. View "Ex parte Mobile Infirmary Association d/b/a J.L. Bedsole Rotary Rehabilitation Hospital and d/b/a Mobile Infirmary Medical Center." on Justia Law
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