Alabama Appellate Court Decisions

Medical Malpractice



Arbitration

Bowel Obstruction

  • Weber v. Freeman

    June 26, 2008

    Amended Complaint Did not Relate Back to Complaint and was Time Barred

Causation

Discovery

  • Johnson v. Layton

    May 13, 2011

    Medical Chart Was Not Required to Be Attached to Affidavit

Dismissal

ERISA Preemption

Emergency Room

  • Weber v. Freeman

    June 26, 2008

    Amended Complaint Did not Relate Back to Complaint and was Time Barred

Estoppel

Evidence

  • Mottershaw v. Ledbetter

    Nov. 8, 2013

    New Trial was Granted Because Jury may have been Unduly Influenced by Exposure to Dismissed Evidence

Failure to Diagnose

  • Shadrick v. Grana

    Oct. 26, 2018

    Only an Expert can Explain the Standard of Care and Whether it was Breached

  • Mottershaw v. Ledbetter

    Nov. 8, 2013

    New Trial was Granted Because Jury may have been Unduly Influenced by Exposure to Dismissed Evidence

Forseeable Negligence

  • Frazier v. Gillis

    Aug. 5, 2011

    On the Principal of Forseeable Negligence, Defendant Could be Found Liable if Jury Found that Negligence Initiated the Sequence of Events Leading to Plaintif's Death

Four-Year Period of Repose

Fraud

Immunity

Jurisdiction

  • Ex parte Vanderwall

    Sept. 30, 2015

    Sexual Misconduct by Healthcare Provider is not Medical Treatment and not subject to the AMLA

Juror Misconduct

Jury Instruction

Jury Verdict

Medical Advice

Misdiagnosis

Notice

Perjury

  • Ex Parte Anderson

    Sept. 30, 2014

    Plaintiff Failed to Prove Claim Despite Alleged Perjury and Fraud by Defendant

Pharmacy

Procedural Error

  • Dale v. Kolb

    Oct. 22, 2010

    Summary Judgment Reversed: Plaintiff Should have been Afforded More Time to Respond

Procedure

  • Weber v. Freeman

    June 26, 2008

    Amended Complaint Did not Relate Back to Complaint and was Time Barred

Sexual Misconduct

  • Mock v. Allen

    Nov. 17, 2000

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

Standard-of-Care Expert

  • Nall v. Arabi

    Aug. 19, 2022

    Standard of Care Expert Not Certified by same Medical Board as Defendant and Not Similarly Situated

  • McGill v. Szymela

    Dec. 31, 2020

    Standard of Care Expert Excluded for not being a "Similarly Situated Healthcare Provider"

  • Hannah v. Naughton

    Sept. 25, 2020

    A Prospective Expert Should Be Board-Certified at the Time of Testimony

  • Shadrick v. Grana

    Oct. 26, 2018

    Only an Expert can Explain the Standard of Care and Whether it was Breached

  • Johnson v. Layton

    May 13, 2011

    Medical Chart Was Not Required to Be Attached to Affidavit

Statute of Limitations

  • Ex parte Gerald Hodge, M.D.

    Feb. 7, 2014

    Plaintiff Did Not Have a Viable Medical-Malpractice Claim at the Time of Death, Wrongful-Death Action was also Time Barred

  • Ex Parte Alanna NAIL et al

    Aug. 17, 2012

    Healthcare Providers Failed to Offer Undisputed Evidence Establishing Lack of Due Diligence on the Part of the Plaintiff in Statute of Limitations Defense

  • Weber v. Freeman

    June 26, 2008

    Amended Complaint Did not Relate Back to Complaint and was Time Barred

Surgical Error

  • McGill v. Szymela

    Dec. 31, 2020

    Standard of Care Expert Excluded for not being a "Similarly Situated Healthcare Provider"

  • Mock v. Allen

    Nov. 17, 2000

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

Ulcer

Venue

Wrongful Death

  • Kraselsky v. Calderwood

    Oct. 17, 2014

    Defense Ruling Upheld due to a Lack of Substantial Evidence that the Administration of Demerol led Directly to Plaintiff's Death

-Navigation-
-Contact-
  • Phone: (205) 335-4190
  • Fax: (205) 278-5875
  • Email: thompsonfirm.al.law@gmail.com