Recent Decisions by Alabama Supreme Court Significantly Impact Pleading and Discovery Limitations in Medical Malpractice Cases
All health care providers should be aware of two recent decisions by the Alabama Supreme Court interpreting the Alabama Medical Liability Act, its pleading requirements and discovery limitations. Below is a brief synopsis of those decisions:
Changes to AMLA Scope and Expanded Discovery
On Sept. 9, the Alabama Supreme Court clarified the scope of the AMLA including ambulance drivers as services that are “medical in nature.” This decision expanded the scope of services covered by the AMLA, which is helpful for providers.
However, this decision also allows more expansive discovery than what is traditionally permitted under the AMLA because of specific claims of negligent hiring, training, supervision and retention, which could be used to open the door for expanded discovery in other cases.
More specifically, claims of reckless driving by an ambulance employee, and the ambulance company’s wrongful hiring, training, supervision and retention of that employee are all claims that fall within the scope of the AMLA. This is because the decision to transfer a patient via ambulance is “medical in nature” and stems from the provision of medical services.
Because the claim of wrongful hiring, training, supervision and retention made specific allegations of prior misconduct by the employee, the plaintiff was permitted to conduct discovery relating to past incidents of similar misconduct by that employee that “(1) are specifically and factually to those specifically described in the plaintiff’s complaint and (2) are relevant to the plaintiff’s claim.” This was done despite the prohibition of discovery of any act or omission outside those acts and omissions specifically described in the complaint.
However, the Court noted that similar discovery of other acts would not be permitted if only general allegations of misconduct had been pled.
Strengthening the Pleading Requirement for Malpractice Claims
On May 27, the Alabama Supreme Court strengthened the pleading requirement for malpractice claims made pursuant to the Alabama Liability Medical Act when a plaintiff attempts to amend the complaint and add additional claims of liability.
This is a positive outcome for physicians and hospitals and a beneficial development for employers and providers. The AMLA requires that “the plaintiff must give the defendant health care provider fair notice of the allegedly negligent act and must identify the time and place it occurred and the resulting harm.”
Alabama Rule of Civil Procedure allows plaintiffs to amend their pleadings that change “only the legal theory of the action or adds another claim arising out of the same transaction or occurrence” to relate back. However, in this decision, the Court focused on the whether an amended complaint filed after the expiration of the statute of limitations addressed an incident “distinct in time” and “distinct in conduct” from what was originally alleged. The Court ultimately found that where Plaintiff generally described conduct in a three-day period that led to an alleged wrongful death, that was not enough to relate the new claims back to the time of the original complaint, and therefore, the motion to dismiss on statute of limitations should have been granted.
If you have any questions, need guidance or would like further information about those decisions, please contact Brie Zarzour, George Morris, or any other member of the Phelps Health Care Team.
