In this lawsuit, Charles W. Gaston, as representative of the Estate of Donna Jean Gaston, filed a wrongful-death action against BBH BMC, LLC (Brookwood Baptist Medical Center). Donna Jean Gaston had committed suicide at the hospital's premises.
Charles Gaston argued that Brookwood's conduct fell below the healthcare standard, claiming the hospital did not adequately protect patient's rights by ensuring a safe environment. Specifically, he alleged negligence in their premises security.
Brookwood appealed against the Jefferson Circuit Court's order to respond to certain interrogatories and requests related to the hospital's parking deck modifications from previous suicides. Brookwood claimed that the Alabama Medical Liability Act prohibited such discovery. The Supreme Court of Alabama granted Brookwood's petition and ordered the lower court to vacate its order compelling Brookwood to respond to certain discovery requests, stating that the requests overstepped provisions set by the Alabama Medical Liability Act.
Writ of Mandamus is not Proper Relief for Discovery Issue
Plaintiff was Permitted Discovery Regarding "Other Incidents" Involving Plaintiff and Investigation of Claims
Ex Parte Interviews with Plaintiff's Treating Physicians are not Prohibited by Alabama Law
Medical Chart Was Not Required to Be Attached to Affidavit
Trial Court Directed to Narrow the Scope of Permitted Discovery