• Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now

Med-Mal Recovery Thwarted by the Statute of Repose

Med-Mal Recovery Thwarted by the Statute of Repose

August 8, 2016 Posted by Jeremy W. Richter Medical Malpractice

George E. Cutler v. University of Alabama Health Services Foundation, P.C., and Paul G. Matz, M.D.: A legal injury occurs, not when the harm manifests itself, but rather when the malpractice itself occurs.

On July 8, 2016, the Supreme Court of Alabama entered its decision in George E. Cutler v. University of Alabama Health Services Foundation, P.C., and Paul G. Matz, M.D., [Ms. 1150546], — So.3d — (Ala. 2016), in a medical malpractice action. The alleged medical malpractice occurred on June 28, 2005, when the defendants, Cutler and UAHSF, failed to inform Cutler about a tumor in his brain. Cutler filed his Complaint more than ten years later, on October 14, 2015, alleging that his cause of action did not accrue until February 11, 2015, when he first suffered a legal injury, in the form of a seizure that required surgical resection of the tumor.

Cutler alleges, that because the malpractice and resulting injury did not occur simultaneously, the applicable limitations period (as set forth in Alabama Code § 6-5-482, establishing a four-year statute of repose) did not begin to run until the legal injury occurred. Under Alabama law, in medical malpractice actions, the legal injury occurs at the time of the negligent act or omission, regardless of whether the injury is or could be discovered within the statutory period. See Ex parte Hodge, 153 So.3d 734 (Ala 2014); Ex parte Sonnier, 707 So.2d 635 (Ala. 1997).

It was therefore the Court’s determination that Cutler first suffered a legal injury caused by the defendants’ failure to inform him of the tumor on June 28, 2005, and that based on Cutler’s allegations, he suffered a legal injury (the harmful growth of the tumor) within four years following June 2005, rather than the injury occurring in February 2015, as alleged by Cutler. Consistent with its prior opinions, the Court held that the legal injury occurred at the time of the malpractice, not at the time of the manifestation of the suffered harm. Applying its finding, the Court held that Cutler would be unable to prove any set of facts to support his contention that his legal injury occurred after the expiration of the four-year statute of repose.

Do your best work. Be your best self.

Get the first three chapters of Level Up Your Law Practice so you can have a successful and sustainable law practice that meets your needs through self-assessment, having a vision for yourself and your practice, and client relationships that are built on trust.

Thank you for subscribing.
Something went wrong.

I will never give away, trade or sell your email address. You can unsubscribe at any time.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)

Related

You also might be interested in

Apparent Authority to Accept Notice of a Claim

Feb 22, 2016

Whether an entity has apparent authority to accept notice of an insured's claim on behalf of companies is an issue of fact that precludes summary judgment.

A Jury Demand Must be Endorsed, but Not Signed

A Jury Demand Must be Endorsed, but Not Signed

Aug 18, 2016

In Alabama, a jury demand is required to be endorsed, but not signed.

Insurance Coverage and Road Rage in Alabama

Jul 1, 2016

In Alabama, an insurer would not likely be liable to provide insurance coverage for its insured in instances of road rage or other criminal acts tangentially related to the use of a vehicle.

Being a lawyer doesn’t mean doing business as usual.

Recent Posts

  • Inspiration Strikes at the Oddest Times
  • Quitting One Thing to Make Room for Another (Lawyerpreneur’s Finale)
  • From High-Rise Buildings to High-Stakes Thrillers with Bonnie Kistler
  • Mental Health among Lawyers with Suzan Hixon
  • Coaching Lawyers in Career Crisis with Annie Little

Search the Blog

Contact Me

Send me an email and I'll get back to you.

Send Message
Doing your best work. Be your best self. Let me help you get there with my new book "Level Up Your Law Practice"

© 2025 · Richter Holdings, LLC

  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Prev Next