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Kendall v. Springhill Memorial Hospital9/24/1999
Ex parte Dr. Lamar Snow et al. PETITION FOR WRIT OF MANDAMUS
Dr. L. Lamar Snow, Dr. Steven L. Weinstein, and Surgical Association of Mobile, P.A., defendants in a medical-malpractice action pending in the Mobile Circuit Court, petition for a writ of mandamus directing Judge Joseph S. Johnston, Jr., to grant their motion for a summary judgment. They contend they are entitled to a summary judgment on the basis that the applicable statute of limitations, Ala. Code ยง 6- 5-482, bars the plaintiffs' claims against them. This petition requires an interpretation of Rule 9(h), Ala.R.Civ.P., relating to fictitious parties, and Rule 15(c), pertaining to the relation back of amendments to pleadings.
On August 11, 1993, Mary Alayne Kendall went to the emergency room at South Baldwin Hospital in Foley, suffering abdominal pain. An ultrasound procedure revealed that Mrs. Kendall was suffering from gallstones and that she had a gallstone in the common bile duct. Dr. Tyler Nichols referred Mrs. Kendall to Springhill Memorial Hospital ("Springhill") in Mobile, for treatment. Mrs. Kendall was initially treated in Springhill's emergency room and then was admitted to the hospital. Dr. Charles Ivey Williamson took a patient history and performed a physical examination on Mrs. Kendall. His notes stated, in pertinent part:
"HISTORY: Mrs. Kendall is a young, white female referred by Dr. Tyler Nichols of Foley, AL, who presented to the Emergency Room there, having had severe pain in the right upper quadrant for several days. On the phone, Dr. Nichols reported a stone in the common duct. There were numerous stones in the gallbladder, amylase elevation and slight bilirubin elevation, according to my recollection. She was referred here for further evaluation of acute cholecystitis, early pancreatitis and a stone in the common bile duct.
"....
"IMPRESSION: 1. ACUTE CHOLECYSTITIS, STONE IN THE COMMON BILE DUCT ON SONOGRAM AT BALDWIN HOSPITAL.
"RECOMMENDATIONS: Ask Dr. Frank Vizzi to evaluate. Plan laparoscopic stone removal followed by laparoscopic cholecystectomy. This has been discussed with the patient and will be discussed with the patient and family by Dr. Vizzi and [Drs.] Snow, Weinstein and Hannon."
On August 12, 1993, Dr. Frank Vizzi and Dr. Ivey Williamson, of the Internal Medicine Center, performed a procedure known as an endoscopic retrograde cholangiopancreatography ("ERCP") study; a papillotomy; and an endoscopic sphincterotomy on Mrs. Kendall. Dr. Vizzi's "procedure note" described the ERCP procedure and his findings as follows:
"PROCEDURE: ERCP WITH PAPILLOTOMY.
"FINDINGS: After explaining the procedure and its risks
including perforation and pancreatitis to the patient, I sprayed the back of the throat with Cetacaine spray and sedated patient as above. I then inserted the Siberian scope into the mouth and down into the second portion of the duodenum. I visualized the papillae. The papillae appeared normal though. The pancreatic duct was then cannulated which filled normally to its tail. Next, the common bile duct was cannulated and the common bile duct, the left and right hepatic ducts filled normally. There was no filling initially of the cyst duct. A 12 mm. spincterotomy was then done. There was a minimal amount of bleeding which was stopped by heating coag., then an 11.5 balloon was passed up the common bile duct and swept the common bile duct. No stone or stone material appeared to come out of the common bile duct.
"RECOMMENDATION: Continue antibiotics until the morning and lap. cholecystectomy in a.m. if possible."
Later that same day, Dr. L. Lamar Snow and Dr
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