Moore v. Baker

In Moore v. Baker (11th Cir. 1993) 989 F.2d 1129, the Court held that the plaintiff's claim that the defendant physician was negligent during and after performing brain surgery did not relate back to the plaintiff's claim that the defendant committed medical malpractice by failing to inform the plaintiff of a non-surgical alternative. (Id. at p. 1131.) The court concluded that the original complaint focused on the defendant's actions before the plaintiff decided to undergo surgery and the amended complaint focused on the defendant's actions during and after the surgery. "The alleged acts of negligence occurred at different times and involved separate and distinct conduct." (Id. at p. 1132.)