Ex parte Affinity Hospital, LLC, d/b/a Grandview Medical Center; and Community Health Systems, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Joyce Pates v. Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.) (Jefferson Circuit Court: CV-23-900513).

CourtSupreme Court of Alabama
DecidedMarch 7, 2025
DocketSC-2024-0174
StatusPublished

This text of Ex parte Affinity Hospital, LLC, d/b/a Grandview Medical Center; and Community Health Systems, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Joyce Pates v. Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.) (Jefferson Circuit Court: CV-23-900513). (Ex parte Affinity Hospital, LLC, d/b/a Grandview Medical Center; and Community Health Systems, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Joyce Pates v. Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.) (Jefferson Circuit Court: CV-23-900513).) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Affinity Hospital, LLC, d/b/a Grandview Medical Center; and Community Health Systems, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Joyce Pates v. Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.) (Jefferson Circuit Court: CV-23-900513)., (Ala. 2025).

Opinion

Rel: March 7, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA OCTOBER TERM, 2024-2025

_________________________

SC-2024-0174 __________________________

Ex parte Affinity Hospital, LLC, d/b/a Grandview Medical Center; and Community Health Systems, Inc.

PETITION FOR WRIT OF MANDAMUS

(In re: Joyce Pates

v.

Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.) _________________________

SC-2024-0184 __________________________

Ex parte John Kirchner, M.D., and Southlake Orthopaedics Sports Medicine and Spine Center, P.C. SC-2024-0174 and SC-2024-0184

Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.)

(Jefferson Circuit Court: CV-23-900513)

WISE, Justice.

The petitioners, Affinity Hospital, LLC, d/b/a Grandview Medical

Center ("Grandview"); Community Health Systems, Inc. ("CHSI"); John

Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine

Center, P.C. ("Southlake"), petition this Court for writs of mandamus

directing the Jefferson Circuit Court to enter an order setting aside its

February 14, 2024, order denying their motions to dismiss the claims of

the plaintiff, Joyce Pates, against them and to enter an order dismissing

Pates's claims against them.

Procedural History

On February 10, 2023, Pates sued CHSI, Grandview, Dr. Kirchner,

and Southlake ("the defendants") in the Jefferson Circuit Court. Pates

asserted medical-malpractice claims against the defendants pursuant to

2 SC-2024-0174 and SC-2024-0184

the Alabama Medical Liability Act ("the AMLA"), § 6-5-480 et seq. and §

6-5-540 et seq., Ala. Code 1975.

The complaint alleged that, on or about July 31, 2020, Pates injured

her right ankle; that, on August 10, 2020, she went to her primary doctor

and an X-ray showed a distal fibula fracture; and that Pates's primary

doctor referred her to Southlake for further evaluation. Pates further

alleged that, on August 10, 2020, she saw Dr. Kirchner, a physician at

Southlake's medical facility; that Dr. Kirchner advised her that she

needed surgery on her right ankle; that Dr. Kirchner performed the

surgery on August 20, 2020, at Grandview Medical Center; that, during

the surgery, Dr. Kirchner inserted plates and screws to fix the fracture;

that Pates remained in the hospital overnight; and that Pates was

released from Grandview Medical Center on August 21, 2020, "after not

exhibiting any medical distress." Pates went on to allege that she had at

least six visits with Dr. Kirchner for postoperative care beginning on

August 31, 2020; that she advised Dr. Kirchner that she had discomfort

in her right leg; that X-rays were taken at Southlake's medical facility;

and that "she was given oral medications and topical ointments to

alleviate her discomfort through at least November 11, 2020."

3 SC-2024-0174 and SC-2024-0184

Pates alleged that she did not receive any relief from the

medications; that, on November 9, 2020, she went to the emergency room

at UAB Hospital-Highlands in Birmingham due to "excruciating pain she

was feeling in her right leg"; that medical personnel saw drainage from

the wound that showed signs of infection; that the hardware was removed

from her right ankle in a subsequent procedure performed on November

22, 2020; that she was prescribed additional oral medications after that

procedure, "[b]ut the initial wound had not healed and [Pates] noticed

more wounds on other parts of her right leg"; that, on January 29, 2021,

Pates went back to the emergency room at UAB Hospital-Highlands; and

that, after seeing the new wound on Pates's right thigh, Pates was

transferred "to the main UAB Hospital for surgical evaluation." Pates

alleged that she underwent surgical procedures to debride her right

ankle on February 2, 2021, February 3, 2021, and February 5, 2021.

Pates further alleged:

"On or about February 11, 2021, [Pates] had her right leg amputated at the waist due to the advancing infection in her leg. She avers that she was told that amputation may be the only way to save her life. Prior to this date, she had no knowledge that the surgery on her ankle had caused this much damage."

4 SC-2024-0174 and SC-2024-0184

She further alleged that she had two additional medical procedures after

the amputation and that the wound around the amputation was

ultimately closed on February 19, 2022.

In her complaint, Pates asserted a negligence claim against Dr.

Kirchner in which she alleged:

"31. On or about August 20, 2020, the Defendant Kirchner performed a surgical procedure on [Pates] where he inserted medical plates and screws in her right leg.

"32. That on at least six different occasions after the date of the surgical procedure, [Pates] complained of post-surgical discomfort in her right leg.

"33. It was later determined that the medical appliances that were placed in [Pates's] leg by the Defendant Kirchner were covered in infection.

"34. At all material times, Defendant [Kirchner] owed a non- delegable duty to [Pates] to exercise reasonable care and ensure that the medical hardware used in her surgery was safe for insertion.

"35. Additionally, … Defendant [Kirchner] had a duty to properly inspect and diagnose [Pates's] injury.

"36. [Pates's] injury was so pronounced that subsequent medical providers were able to identify the injury and take steps that saved [Pates's] life.

"37. As a direct and proximate result of one or more of the foregoing wrongful acts or omissions of the Defendants, Ms. Pates became further injured and suffered a traumatic transfemoral amputation of her right leg. Ms. Pates will in 5 SC-2024-0174 and SC-2024-0184

the future suffer great pain, discomfort, and physical impairment, all of which injuries are permanent, and has been and will be kept from attending to her ordinary affairs and duties for the rest of her lifetime."

She also asserted a negligence claim against CHSI and Grandview in

which she alleged:

"39. That during all of the times alleged herein that [Pates] was receiving medical care and treatment from Defendant John Kirchner, M.D., [that] Defendant was employed by Grandview Medical Center, which is a subsidiary of Community Health Care, Inc.[,] and he was acting within the scope of that employment.

"40. That Defendant Grandview Medical Center is responsible for the breach of applicable medical care occasioned by [its] employee, [Dr. Kirchner], which resulted in a physical injury to [Pates]."

Pates further asserted a negligence claim against Southlake in which she

asserted:

"42. That during all of the times alleged herein that [Pates] was receiving medical care and treatment from Defendant John Kirchner, M.D., [that] Defendant was employed by Southlake Orthopaedics Sports Medicine and Spine Care, P.C., and he was acting within the scope of that employment.

"43.

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Ex parte Affinity Hospital, LLC, d/b/a Grandview Medical Center; and Community Health Systems, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Joyce Pates v. Community Health Systems, Inc.; Affinity Hospital, LLC, d/b/a Grandview Medical Center; John Kirchner, M.D.; and Southlake Orthopaedics Sports Medicine and Spine Center, P.C.) (Jefferson Circuit Court: CV-23-900513)., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-affinity-hospital-llc-dba-grandview-medical-center-and-ala-2025.