Ex parte Brookwood Health Services, Inc.

On October 8, 2016, Rita Kay filed a complaint against "Brookwood Baptist Health LLC" and fictitiously named defendants pursuant to the Alabama Medical Liability Act, based on injuries she allegedly suffered at the hands of another patient while she was being treated in the Psychiatric and Behavioral Health Inpatient Services Unit at Brookwood Baptist Medical Center from October 8, 2014, until October 12, 2014. She asserted claims of medical negligence, false imprisonment, negligence and wantonness, breach of contract, and negligent and/or wanton hiring, training, and/or supervision. Brookwood Health Services, Inc., filed a petition for a writ of mandamus directing the Circuit Court to dismiss Kay's action against it. Assuming, without deciding, that service on Brookwood Baptist Health LLC, the original defendant, was proper, the materials before the Alabama Supreme Court established that Brookwood Baptist Health LLC did not receive the complaint until February 13, 2017 -- 128 days after the lawsuit was commenced. Therefore, the Court concluded Brookwood established it was added as a defendant after the expiration of the applicable limitations period and that relation-back principles do not apply. Therefore, it has demonstrated that it had a clear legal right to the relief sought. Accordingly, the Supreme Court granted the petition for a writ of mandamus and directed the trial court to vacate its September 7, 2017, order denying the motion to dismiss filed by Brookwood Health Services, Inc., and to dismiss Kay's complaint. View "Ex parte Brookwood Health Services, Inc." on Justia Law