# Paradise v. Highlands Medical Center

> Supreme Court of Alabama · August 12, 2011 · 78 So. 3d 399

URL: https://www.frixlaw.com/law-library/cases/4869865

## Case

- **Full name:** Ex parte Younus ISMAIL, M.D. (In re Randy Paradise and Joy Paradise v. Highlands Medical Center)
- **Court:** Supreme Court of Alabama
- **Decided:** August 12, 2011
- **Citations:** 78 So. 3d 399; 2011 WL 3528368
- **Precedential status:** Published
- **Opinion:** Concurrence by Shaw
- **Judges:** Parker, Shaw, Stuart, Wise, Woodall
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4869865

## How later opinions describe it (automated extraction)

- finding that, where plaintiffs possessed medical records identifying treating physician before they filed original complaint, “[they] did not exercise due diligence ... before filing their complaint, in identifying [physician] as the proper party to be sued”

## Opinion text

SHAW,
Justice (concurring in part and concurring in the result).
I concur with the holding of the main opinion that the relation-back doctrine does not apply in this case because of the lack of due diligence by the plaintiffs before and at the time of the filing of the complaint. As to the discussion in the main opinion regarding the lack of due diligence in identifying Dr. Younus Ismail beyond the time of the filing of the original complaint, I express no opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4869865. Public record. Not legal advice.