Mock v. Allen

Supreme Court of Alabama

Houston County | 783 So. 2d 828 | Nov. 17, 2000


Sexual Misconduct Fell within the Alabama Medical Liability Act. Testimony from Other Alleged Victims was Prohibited.

In Mock v. Allen, the plaintiff, Shellie Mock, claimed that Doctor Robert Allen conducted inappropriate sexual conduct during medical sessions. Mock alleged that Dr. Allen had fondled his genitals multiple times during examinations. The defense included in the trial testimonies from three nurses who did not notice any signs of distress.

The Supreme Court of Alabama ruled that all instances except one fell within Alabama's Medical Liability Act, as they technically happened during the provision of professional services. As such, the court prohibited the plaintiff from presenting testimonies from five other male patients who claimed similar experiences with Dr. Allen. This resulted in a judgment that rejected Mock's case. The Court reaffirmed the judgment following an appeal, leading to Mock's loss.

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