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Tobiassen v. Sawyer12/30/2004
trained professional job skill as a law officer; [Sawyer] was permanently disabled; and [Sawyer] was caused to suffer mental anguish and will suffer mental anguish in the future."
Sawyer's medical-malpractice count "realleg " the negligence count, and further alleged that Dr. Tobiassen and Thomas Hospital's conduct constituted "a breach of the Alabama Medical Liability Act ...."
On March 19, 2003, Dr. Tobiassen filed a motion for a judgment on the pleadings, arguing that Sawyer's action was barred by the statute of limitations found in Ala. Code 1975, § 6-5-482(a). On March 24, 2003, Thomas Hospital filed a motion for a summary judgment alleging similar grounds. The trial court denied those motions on July 18, 2003. Both Dr. Tobiassen and Thomas Hospital filed motions to reconsider. In an order dated September 25, 2003, the trial court denied the motions to reconsider but certified its order as an appealable interlocutory order under Rule 5, Ala. R. App. P. On October 8, 2003, Dr. Tobiassen and Thomas Hospital separately petitioned this Court for permission to appeal. This Court granted the petitions on October 30, 2003, and consolidated the appeals for purposes of writing one opinion.
Discussion
Dr. Tobiassen and Thomas Hospital argue that, under Ala. Code 1975, § 6-5-482, Sawyer's action is time-barred. Section 6-5-482(a) provides, in pertinent part:
"All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards. ..."
This Code section "'commences the running of the statute from the time of the act or omission giving rise to the cause of action.'" Grabert v. Lightfoot, 571 So. 2d 293, 294 (Ala. 1990)(quoting Street v. City of Anniston, 381 So. 2d 26, 31 (Ala. 1980)).
In Grabert v. Lightfoot, the plaintiff, Grabert, was diagnosed as having a hernia in his groin area and was referred to Dr. Robert Lightfoot for surgery. Dr. Lightfoot operated on Grabert on May 1, 1987, but he was unable to locate the hernia. Grabert continued to have symptoms. On June 8, 1987, Dr. Lightfoot informed Grabert that he indeed had a hernia and offered to perform another surgery at no charge. Grabert declined, and on June 26, 1987, he had a second hernia operation performed by a different doctor. This surgery left Grabert disabled. 571 So. 2d at 293. Grabert sued Dr. Lightfoot on May 12, 1989. Dr. Lightfoot moved for a summary judgment, arguing that the two-year limitations period in § 6-5-482 had expired before Grabert filed his lawsuit. The trial court granted the motion, and Grabert appealed.
This Court stated the issue on appeal as follows: " hen did Grabert's cause of action accrue, on May 1, 1987, when Dr. Lightfoot is alleged to have negligently performed the operation, or on June 26, 1987, when Grabert was further damaged during the second operation[?]" 571 So. 2d at 294. We stated:
"'The statute of limitations under the Alabama Medical Liability Act requires that all actions be brought "within two years after the act or omission or failure giving rise to the claim." Ala. Code 1975, § 6-5-482.
"'The statutory limitations period does not begin to run until the cause of action accrues. Ramey v. Guyton, 394 So. 2d 2 (Ala. 1980). A cause of action accrues when the act complained of results in injury to the plaintiff. Guthrie v. Bio-Medical Laboratories, Inc., 442 So. 2d 92 (Ala. 1983).'
"Grabert contends that the statutory limitations peri
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