George E. Cutler v. University of Alabama Health Services Foundation, P.c., and Paul G. Matz, M.d.

Summary

The court affirmed dismissal of Cutler's medical-malpractice action because his complaint alleged that the tumor's adverse growth process or malignancy began within four years after the alleged failure to disclose it. Those allegations established that the legal injury occurred within the statutory repose period, making the action filed more than ten years after the alleged malpractice untimely despite Cutler's lack of awareness until 2015. Justice Murdock, concurring specially, agreed with the result but clarified the limited accrual issue presented and the proper scope of prior accrual language.