11/17/2008 - Mitch Frost and Neal Moore Successfully Petition Supreme Court for Writ of Mandamus
The Alabama Medical Liability Act sets strict parameters for discovery in medical malpractice actions. Despite the language of the statute, opposing counsel routinely seek (and trial courts on occasion allow) discovery beyond the Act. The discovery prohibitions in the AMLA are akin to a legal privilege and if the trial court errs in its discovery rulings, the appropriate remedy is a Petition for Writ of Mandamus. These petitions are rarely granted as the requesting party must prove a clear legal right to the relief sought.
On November 14, 2008, Mitch Frost and Neal Moore obtained mandamus relief for their client in a medical malpractice case pending in Shelby County. The Supreme Court ruled the plaintiff’s discovery went to issues unrelated to the alleged breach of the standard of care. Because the AMLA prohibits discovery not germane to the incident alleged in the complaint, the Court reversed the trial court’s order allowing the irrelevant discovery to issue.
For more information regarding medical malpractice claims in Alabama, please contact Mr. Frost at 205-271-6968 (jmf@ffdlaw.com) or Mr. Moore at 205-380-6985 (ndm@ffdlaw.com).
