BARLOW v. HUMANA, INC.

84-672.

495 So.2d 1048 (1986)

Jeanna Marie BARLOW, a minor who sues By and Through her father and next friend, Coston BARLOW; Coston Barlow; and Gloria Barlow v. HUMANA, INC., et al.

Supreme Court of Alabama.

September 19, 1986.


Attorney(s) appearing for the Case

Thomas E. Dutton, Timothy Davis and Elizabeth R. Jones of Emond & Vines, Birmingham, and W. Sidney Fuller, Andalusia, for appellants.

John M. Milling, Jr., of Franco, Cole & Black, and Michael S. Jackson of Melton & Espy, Montgomery, for appellees.

Wendell R. Morgan, Montgomery, for amicus curiae The Medical Ass'n of the State of Ala.

Sydney Lavender of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for amicus curiae Alabama Hosp. Ass'n.


HOUSTON, Justice.

Plaintiff Jeanna Marie Barlow is a child; she will always be a child. She suffered severe and permanent brain damage at the time of her birth on January 6, 1971. The question of who, if anyone, was at fault in proximately causing her condition is not an issue before this Court. The sole question is whether her cause of action is time barred.

Jeanna's cause of action for medical malpractice accrued at the time of her birth. In 1975, four years...

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