Sellers v. Picou
Sellers v. Picou
Opinion
This appeal presents the issue whether a podiatrist is a "medical practitioner" as contemplated by Code 1975, §
*Page 668"(1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the state of Alabama, engaged in such practice, including medical professional corporations, associations and partnerships.
"(2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the state of Alabama, engaged in such practice, including professional dental corporations, associations and partnerships.
"(3) MEDICAL INSTITUTION. Any licensed hospital, or any physician's or dentist's office or clinic containing facilities for the examination, diagnosis, treatment or care of human illnesses.
"(4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association.
"(5) PHYSICIAN. Any person licensed to practice medicine in Alabama.
"(6) DENTIST. Any person licensed to practice dentistry in Alabama."(7) HOSPITAL. Such institutions as are defined in section
22-21-21 as hospitals."(8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists or hospitals who are directly involved in the delivery of health care services."
The licensing provision of the Code, contained in §
"The `practice of medicine or osteopathy' means:
"(1) To diagnose, treat, correct, advise or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, by any means or instrumentality;
"(2) To maintain an office or place of business for the purpose of doing acts described in subdivision (1), whether for compensation or not;
"(3) To use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human disease or conditions, the designation `doctor,' `doctor of medicine,' `doctor of osteopathy,' `physician,' `surgeon,' `physician and surgeon,' `Dr.,' `M.D.' or any combination thereof unless such a designation additionally contains the description of another branch of the healing arts for which a person has a license."
Section
"For purposes of this title, the following terms shall have the respective meanings ascribed by this section:
"(2) PRACTICE OF PODIATRY. The diagnosis and medical or surgical or mechanical or manipulative or electrical treatment of any ailment of the human foot except such definition does not include the amputation of the foot or the administering of an anesthetic other than local."
OPINION
The parties' arguments in support of their opposing positions are simple and straightforward. Appellee/Defendant argues that he is not a "medical practitioner" as defined by §We agree with Plaintiffs that the "practice of podiatry," as defined in § 35-24-230 (2), appears to be merely a more specialized "practice of medicine or osteopathy," as defined in §
Likewise, we do not find support for Plaintiffs' contention for inclusion of podiatrists within the scope of the Act in the broader definition of "other health care providers." Section
Thus, we must find that the legislature intended to exclude podiatrists from the Medical Liability Act's coverage. This finding is bolstered by the Act's express coverage of the practice of dentistry, §
Having found that the legislature intended that podiatrists not be subject to the Medical Liability Act and its two-year period of limitations, we affirm the trial court's summary judgment granted on the basis that the claims are time-barred.
AFFIRMED.
TORBERT, C.J., and MADDOX, FAULKNER, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.
Reference
- Full Case Name
- Dorothy Sellers and Charles E. Sellers v. Vorick P. Picou.
- Cited By
- 7 cases
- Status
- Published