PRIOR v. CANCER SURGERY OF MOBILE, P.C.

1050679.

959 So.2d 1092 (2006)

Deborah Ann PRIOR, as personal representative of the estate of Stephen Albert Prior, deceased v. CANCER SURGERY OF MOBILE, P.C.

Supreme Court of Alabama.

Rehearing Denied January 12, 2007.


Attorney(s) appearing for the Case

W. Lee Pittman, J. Chris Cochran, and Elisabeth French of Pittman, Hooks, Dutton, Kirby & Hellums, P.C., Birmingham, for appellant.

Norman E. Waldrop, Jr., Tamela E. Esham, and Mary Carol Ladd of Armbrecht Jackson, LLP, Mobile, for appellee.


SEE, Justice.

Deborah Ann Prior appeals from an order dismissing her second amended complaint in a medical-malpractice case. Because we hold that her second amended complaint does not relate back to her original complaint, as amended, and was thus barred by the applicable statute of limitations, we affirm.

Facts and Procedural History

In August 1999, Stephen Albert Prior sought medical treatment from Cancer Surgery of Mobile, P.C. ("Cancer...

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