Tobiassen v. Sawyer

Summary

The Alabama Supreme Court held that a medical-malpractice action against a physician and hospital accrued on the date they allegedly failed to diagnose the plaintiff's stroke. Because the complaint was filed more than two years after that date, the court held that the claims were barred by Alabama Code § 6-5-482(a), reversed the trial court, and rendered judgment for the defendants.

Holdings

1. Under Ala. Code 1975, § 6-5-482(a), a medical-malpractice cause of action accrues when the alleged act or omission results in injury; based on the allegations in Sawyer's complaint, his cause of action accrued on December 1, 2000, when the defendants allegedly failed to diagnose his stroke and discharged him without appropriate diagnosis or treatment.
2. Because Sawyer filed his action more than two years after the December 1, 2000 accrual date, his claims were barred by § 6-5-482(a), and Dr. Tobiassen and Thomas Hospital were entitled to judgment in their favor.

Questions Presented

1. Whether Sawyer's medical-malpractice claims accrued on December 1, 2000, when the alleged failure to diagnose the stroke occurred and the complaint alleged injury, or on a later date when Sawyer was told he had suffered a stroke.
2. Whether the face of Sawyer's complaint established that his claims were barred by the two-year statute of limitations in Ala. Code 1975, § 6-5-482(a), thereby entitling the defendants to judgment on the pleadings or summary judgment.

Disposition

reversed