Murray v. Prison Health Servs., Inc.

112 So.3d 1103

Alvin MURRAY

v.PRISON HEALTH SERVICES, INC., and Kay Wilson, R.N., H.S.A.

2060068.

Court of Civil Appeals of Alabama.

Nov. 30, 2012.

Alvin Murray, pro se.

R. Brett Garrett of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellees.

PER CURIAM.

Alvin Murray, an inmate at Easterling Correctional Facility (“the prison”), appeals from the judgment dismissing his civil action against Gwendolyn Mosley, who was the warden of the prison, Prison Health Services, Inc., and Kay Wilson, who was the administrator of Prison Health Services (Prison Health Services and Wilson are hereinafter collectively referred to as “PHS”).¹ In his action, which Murray initiated by filing a petition for a writ of mandamus, Murray appears to have sought an order directing Mosley and PHS to provide him with medical treatment. He also asserted tort claims against Mosley and PHS. The case-action summary indicates that service was perfected only as to PHS. There is no evidence that there was an attempt to serve Mosley, and she was never a participant in this case. SeeRule 4, Ala. R. Civ. P. Because Mosley was never a party in this action, the judgment dismissing Murray's action against PHS in its entirety was final for purposes of appeal. See Laney v. Garmon, 25 So.3d 478, 480 (Ala.Civ.App.2009) (“A judgment is generally not final unless all claims, or the rights or liabilities of all parties, have been decided.”).

In his petition, filed on July 30, 2004, Murray claimed that PHS denied him access to medical care that he said was necessary to treat his osteosclerosis. Murray defined osteosclerosis as “an abnormal hardening of the bones.” He claimed that, without treatment, the condition would grow worse. On October 19, 2004, Murray filed a motion to amend his “complaint,” in which he alleged that PHS had refused to “take corrective action” by performing surgery on a slipped disk in his back. Murray claimed that “[t]he medical treatment needed is inadequate [sic] and not corrective” and that “the decision not to order surgery is a substantial departure from accepted professional judgment.”

The trial court took no action on Murray's petition, and on April 20, 2006, Murray filed a “supplemental complaint,” stating that, since his original petition had been filed in July 2004, his condition “had only worsened.” ² He also alleged that PHS had violated the Alabama Medical Liability Act (“the AMLA”), § 6–5–480 et seq. and § 6–5–540 et seq., by providing him with “substandard medical care.” As a result of that substandard care, Murray alleged, he had been made to suffer pain for a long period, which, he said, amounted to cruel and unusual punishment. Apparently, while the litigation was pending Murray received some treatment for his physical complaints. In the supplemental complaint, he stated that, although the treatment he was receiving at that time, “though not a complete denial” of treatment, “is so substandard as it amounts to basically no treatment at all, and/or amounts to such substandard medical treatment” as to constitute cruel and unusual punishment.

On August 8, 2006, PHS filed a motion asking the trial court to dismiss Murray's action against it. In the motion, which did not reference Mosley, PHS argued that Murray's pleadings failed to include sufficient detail and specificity regarding the alleged medical malpractice, which is required for an action filed pursuant to the AMLA. The motion also included a laundry list of 12 other grounds for dismissal of the action, including, but not limited to, various forms of immunity, Murray's failure to exhaust administrative remedies, and grounds asserting improper venue and lack of jurisdiction. On the same day the motion was filed, the trial court made a handwritten notation on the front of the motion indicating that it was granted. The case-action summary indicates that Murray's action was dismissed without prejudice on August 21, 2006.

On August 29, 2006, Murray timely filed his notice of appeal to the Court of Criminal Appeals. This court's docket sheet indicates that the Court of Criminal Appeals transferred the appeal to this court on October 20, 2006. On November 14, 2006, this court transferred the appeal to the Alabama Supreme Court for lack of subject-matter jurisdiction. On August 15, 2012, the Alabama Supreme Court transferred the appeal to this court pursuant to § 12–2–7(6), Ala.Code 1975, and the appeal was submitted on briefs on October 22, 2012.

In his appellate brief, Murray framed the issue on appeal as whether the trial court erred in dismissing his action without conducting an evidentiary hearing. However, when one reads the body of the argument portion of his brief, it is apparent that Murray is claiming that his pleadings set forth allegations on which, Murray says, he is likely to succeed on the merits. Therefore, he says, he should have been given the opportunity to proceed with the action.

We first note that Murray's pleadings are styled both as a petition for a writ of mandamus and as a complaint. Regardless of the caption, Murray's pleadings initiated a civil action against PHS. Thus, his pleadings are actually a complaint and amended complaints. See King Mines Resort, Inc. v. Malachi Min. & Minerals, Inc., 518 So.2d 714, 718 (Ala.1987) (“This Court is committed to the proposition that it will treat a motion (or other pleading) and its assigned grounds according to its substance.”); see also Gibson v. Staffco, L.L.C., 63 So.3d 1272, 1273–74 (Ala.Civ.App.2010) (same). Furthermore, although PHS moved for a dismissal on several grounds permitted by Rule 12(b), Ala. R. Civ. P., the only legal argument asserted as to any of those grounds was that Murray failed to state a claim for which relief can be granted, pursuant to Rule 12(b)(6).

The standard of review applicable to an appeal of a trial court's judgment granting a Rule 12(b)(6) motion to dismiss is well settled. In Crosslin v. Health Care Authority of Huntsville, 5 So.3d 1193, 1195 (Ala.2008), our supreme court stated:

“In considering whether a complaint is sufficient to withstand a motion to dismiss under Rule 12(b)(6), Ala. R. Civ. P., a court ‘must accept the allegations of the complaint as true.’ Creola Land Dev., Inc. v. Bentbrooke Housing, L.L.C., 828 So.2d 285, 288 (Ala.2002) (emphasis omitted). ‘ “The appropriate standard of review under Rule 12(b)(6)[, Ala. R. Civ. P.,] is whether, when the allegations of the complaint are viewed most strongly in the pleader's favor, it appears that the pleader could prove any set of circumstances that would entitle [it] to relief.” ’ Smith v. National Sec. Ins. Co., 860 So.2d 343, 345 (Ala.2003) (quoting Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993)). In determining whether this is true, a court considers only whether the plaintiff may possibly prevail, not whether the plaintiff will ultimately prevail. Id. Put another way, ‘ “a Rule 12(b)(6) dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.” ’ Id. (emphasis added).”

In both its motion to dismiss and on appeal, PHS has argued that Murray failed to state a claim of medical negligence with the detail and specificity required under § 6–5–551, Ala.Code 1975. That statute provides:

“In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, whether resulting from acts or omissions in providing health care, or the hiring, training, supervision, retention, or termination of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery and all aspects of the action. The plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint which fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission.”

In Mikkelsen v. Salama, 619 So.2d 1382, 1384 (Ala.1993), our supreme court discussed the pleading requirements of a claim brought pursuant to the AMLA, stating:

“[W]hen a plaintiff files a complaint alleging that a health care provider breached the standard of care owed to the plaintiff, although every element of the cause of action need not be stated with particularity, the plaintiff must give the defendant health care provider fair notice of the allegedly negligent act and must identify the time and place it occurred and the resulting harm. If the complaint affords the defendant health care provider fair notice of these essential elements, the courts should strive to find that the complaint includes the necessary ‘detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff.’ Section 6–5–551; see Comments,Rule 9[, Ala. R. Civ. P.]; see, e.g., Keller v. Security Federal Savings & Loan Ass'n, 555 So.2d 151 (Ala.1989); Kabel v. Brady, 519 So.2d 912 (Ala.1987).”

In reading Murray's pleadings together, Murray alleges only generally that the medical care he was receiving at the prison was inadequate. He claims in his amended complaint that “[t]he decision not to order surgery [for a slipped disk in his lower back] is...