MILLER V. JACKSON HOSP. AND CLINIC, 776 SO.2D 122 (ALA. 2000).
Patient's uncle brought medical malpractice action against hospital and physicians. The Montgomery Circuit Court, No. CV-99-148, Sarah M. Greenhaw, J., denied motion to add patient as a named plaintiff and granted summary judgment to defendants. Patient and uncle appealed. The Supreme Court, Lyons, J., held that: (1) power of attorney did not have to specifically give the authority to bring personal injury action on behalf of patient; (2) durable power of attorney was not dormant until patient became incompetent; (3) uncle as attorney-in- fact was not a real party in interest; and (4) patient was entitled to be substituted as the real party in interest. Reversed and remanded.Posted By Cunningham Bounds LLC Categories: