Ex Parte Affinity Hosp.

373 So.3d 180

EX PARTE AFFINITY HOSPITAL, LLC, d/b/a Grandview Medical Center

(In re: Kenneth Davis, as personal representative of the Estate of Catherine Davis, deceased

v.Affinity Hospital, LLC, et al.)

Ex parte Raymond Chad Wade, M.D.

(In re: Kenneth Davis, as personal representative of the Estate of Catherine Davis, deceased

v.Affinity Hospital, LLC, et al.)

1210160 and 1210191

Supreme Court of Alabama.

May 27, 2022

Walter J. Price III, H. Cannon Lawley, and Jeremy S. Gaddy of Clark, May, Price, Lawley, Duncan & Paul, LLC, Birmingham, for petitioner Affinity Hospital, LLC, d/b/a Grandview Medical Center.

Richard E. Crum and Kelly W. Harmon of Crum & Harmon, LLC, Dothan, for petitioner Raymond Chad Wade, M.D.

Derrick Mills, Richard Riley, and Rhonda Chambers of Marsh, Rickard & Bryan P.C., Birmingham, for respondent.

MENDHEIM, Justice.

Affinity Hospital, LLC ("Affinity"), d/b/a Grandview Medical Center ("Grandview"), and Raymond Chad Wade, M.D. ("Dr. Wade"), separately petition this Court for writs of mandamus directing the Jefferson Circuit Court to vacate its November 17, 2021, orders denying their motions to dismiss an amended complaint in the wrongful-death action commenced by Kenneth Davis ("Kenneth"), the personal representative of the estate of his wife, Catherine Davis ("Catherine"), and to enter orders granting their motions to dismiss. We grant the petitions.

I. Facts

In general, Kenneth alleged in all versions of his complaint that Catherine was admitted to Grandview on March 21, 2019, to undergo ureteral surgery and that she remained at Grandview for three subsequent days where she ultimately died on March 24, 2019. The details surrounding those allegations form, the crux of the dispute presented by these petitions.

On July 24, 2020, Kenneth commenced the underlying action in the Jefferson Circuit Court against Affinity and several fictitiously named defendants. In his original complaint, Kenneth alleged:

"6. On or about March 21, 2019, Catherine Davis was admitted to Grandview Medical Center to undergo an outpatient ureteral surgery. During this surgery, she suffered one or more unintended lacerations.

"7. [Catherine] developed a severe infection which was not timely diagnosed or treated.

"8. According to Grandview Medical records, she developed abdominal compartment syndrome.

"9. She died on March 24, 2019, as a result of sub-standard care by [Grandview], never having been discharged from the outpatient procedure."

Kenneth alleged that Affinity and its employees had, violated the applicable standard of care under the Alabama Medical Liability Act ("the AMLA"), § 6-5-480 et seq. and § 6-5-540 et seq., Ala. Code 1975, by "[negligently performing] invasive procedures causing injury" and by failing to: "timely diagnose [the] laceration," "emergency treat [the] laceration," "monitor for signs of infection," "report signs of infection," "diagnose [the] infection," "treat [the] infection," and "formulate, implement and execute a plan of care" or "obtain [a] timely consult."

On August 27, 2020, Affinity removed the case to the United States District Court for the Northern District of Alabama. On January 5, 2021, Kenneth filed a "First Amended Complaint" in which he added Urology Centers of Alabama, P.C. ("Urology Centers"), as a defendant, alleging that Urology Centers had negligently performed the ureteral surgery. That same day, Urology Centers filed a motion to remand the case to state court based on a lack of diversity jurisdiction. On February 4, 2021, the federal district court entered an order remanding the case to the Jefferson Circuit Court.

On March 3, 2021, Kenneth filed the "First Amended Complaint" in the circuit court. Subsequently, on March 15, 2021, Kenneth filed a "Second Amended Complaint" in which, for the first time, he added Dr. Wade, as a defendant. On March 23, 2021, Kenneth filed a "Third Amended Complaint" in which he clarified that Dr. Wade was "working as a hospitalist at Grandview Hospital" at the time he provided care to Catherine following the surgery. On April 6, 2021, Kenneth filed a "Fourth Amended Complaint" in which he specified that "[t]he surgery was performed by Eric Brewer, Jr.[,] M.D., [of] Urology Centers of Alabama." That complaint also stated that care was provided to Catherine after the surgery by "Andrew Strang, M.D.[,] from Urology Centers" and by Dr. Wade.

In an April 26, 2021, response to a motion to dismiss the fourth amended complaint filed by Urology Centers, Kenneth, stated that "[t]he Complaint alleges that [Urology Centers] was negligent during surgery and then failed to take the necessary steps to diagnose and treat [Catherine’s] infection, which led to her death." (Emphasis added.) In a response to a motion to dismiss the fourth amended complaint filed by Dr. Wade, Kenneth stated that "[d]efendant Wade failed to comply with the applicable standard of care by failing to take the necessary steps to diagnose and treat [Catherine’s] laceration and infection, which led to her death." (Emphasis added.)

On May 25, 2021, Kenneth filed a "Fifth Amended Complaint." That complaint provided the most detail to date with respect to his alleged facts:

"8. On or about March 21, 2019, Catherine Davis was admitted to Grandview Medical Center to undergo an outpatient ureteral surgery. During this surgery, she suffered one or more unintended lacerations, which left a hole in her bowel. The surgery was 'performed by Eric Brewer, Jr.[,] M.D., [of] Urology Centers of Alabama.

"9. After the surgery [Catherine] remained under the care of Grandview Medical Center and Urology Centers of Alabama. [Catherine] was provided care by Andrew Strang, M.D.[,] from Urology Centers of Alabama and Raymond Chad Wade, M.D., a hospitalist at Grandview Medical Center.

"10. While under the care of Defendants on March 21st, March 22nd, March 23rd and March 24th, [Catherine] displayed symptoms of complications from the surgery and infection. On March 23, 2019, it was noted that [Catherine] experienced abdominal pain, nausea and tachycardia. On March 24, 2019, it was also noted that [Catherine] had fecal drainage.

"11. [Catherine] developed a severe infection which was not timely diagnosed or treated. On March 24, 2019, it was noted that [Catherine] had increased tachycardia and was unable to communicate. These symptoms were as a result of the undiagnosed infection.

"12. According to Grandview Medical records, [Catherine] developed abdominal compartment syndrome.

"13. Catherine Davis died on March 24, 2019, as a result of sub-standard care by Defendants, never having been discharged from the outpatient procedure."

In the fifth amended complaint, Kenneth listed ways Affinity, and Dr. Wade allegedly shad breached the standard of care owed to Catherine under the AMLA. The lists for both defendants were identical. Kenneth alleged that both Affinity and Dr. Wade had failed to: "emergently treat [the] laceration"; "monitor for signs of infection"; "report signs of infection"; "treat [the] infection"; "formulate, implement and execute a plan of care"; "obtain [a] timely consult"; and "properly assess and treat [Catherine] for signs and symptoms of abdominal compartment syndrome."

On October 25, 2021, Kenneth filed a motion to dismiss Urology Centers as a defendant from the action without prejudice. Simultaneously, Kenneth filed an "Amended and Restated Complaint" ("the restated complaint"). In the restated complaint, Kenneth stated that he was amending the complaint:

"2. by dismissing Defendant Urology Centers of Alabama, PC as a named defendant;

"3. by asserting additional allegations against Defendants Affinity Hospital, LLC d/b/a Grandview and Grandview Medical Center; [and]

"4. by asserting additional allegations against Raymond Chad Wade, MD ….’

Kenneth’s factual allegations in the restated complaint asserted:

"7. On or about March 21, 2019, Catherine Davis was admitted to Grandview to undergo an outpatient ureteral surgery. After surgery, [Catherine] was admitted to Grandview under the hospitalist service for monitoring and observation.

"8. Over the course of the next days, [Catherine], who was also a diabetic, began having fluctuating blood glucose levels that ultimately remained low. Despite [Catherine’s] low blood glucose levels; [Catherine] was ordered to be placed back on her home insulin regimen.

"9. On Sunday, March 24th, three days after surgery, [Catherine’s] mental status materially changed, and she was assessed by Grandview nurses and the hospitalist, Dr. Wade, as ‘confused’; additionally, [Catherine’s] abdomen was assessed and recorded as, ‘distended.’ Despite being assessed as confused, with an altered mental status, [Catherine] was not reassessed for fall safety, nor were her blood glucose levels monitored more frequently. Additionally, there was no follow-up or work-up of her ‘distended’ abdomen.

"10. Later in the day on Sunday, Mardi 24th, [Catherine] suffered a fall while being assisted to the restroom by [Kenneth]. As a result of the fall, [Catherine] suffered a perforated viscus, following her recent abdominal surgery and, ultimately, abdominal compartment syndrome.

"11. Shortly after her fall and three days after her outpatient surgery, [Catherine] died."

Based on the foregoing factual allegations, Kenneth asserted that Affinity had negligently breached the applicable standard of care owed to Catherine in the following ways:

"a. by failing to properly monitor [Catherine’s] blood glucose levels and report results to [Catherine’s] physicians;

"b. by failing to appropriately monitor, manage, and/or treat [Catherine’s] blood glucose levels, according to physician orders and/or hospital policies, procedures, and/or guidelines;

"c. by failing to properly assess and timely report [Catherine’s] material changes in condition; and

"d. by failing to timely and properly perform a fall risk assessment for [Catherine], following her changes in condition, including but not limited to a change in mental status."

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