The case Brookwood Health Services, Inc. v. Borden involved a lawsuit over alleged medical malpractice following a post-surgical complication. Initially, the plaintiffs, Wilfred and Pam Borden, won a $7.5 million judgment in their favor. Brookwood Health Services, Inc., the entity operating Brookwood Medical Center, appealed. The key issue was whether the company, and specifically its nurses, adhered to the standard of care following surgery, where the patient, Wilfred Borden experienced symptoms of cauda equina syndrome.
The Supreme Court of Alabama found in favor of Brookwood, ruling that the trial court had erred in denying Brookwood's motions for a judgment as a matter of law as to Wilfred's medical malpractice claim. The judgment was based on the fact that the plaintiffs did not present any expert testimony indicating that the nurses breached the applicable standard of care. The expert testimony was necessary because the alleged lack of care or skill was not readily apparent and could not be understood by common knowledge and experience.
Standard of Care Expert Not Certified by same Medical Board as Defendant and Not Similarly Situated
$300,000 Judgment Reversed: Nurse Did Not Qualify as a Similarly Situated Health Provider Given Lack of Experience with Similar Patients
A Prospective Expert Should Be Board-Certified at the Time of Testimony
Plaintiff Argued Case was Simple Enough to be Understood by Lay Person - Summary Judgment Reversed
Expert Not Required where a Pharmacy Dispenses Incorrect Medication
Standard of Care Expert Excluded for not being a "Similarly Situated Healthcare Provider"
Medical Chart Was Not Required to Be Attached to Affidavit
Only an Expert can Explain the Standard of Care and Whether it was Breached
Expert's Affidavit did nto Contradict Deposition Testimony as they were Based on Separate Sets of Facts