Brookwood Health Services, Inc. v. Borden

Supreme Court of Alabama

Jefferson County | 207 So. 3d 1 | Nov. 13, 2015


Plaintiff's Failed to Present Expert Testimony that Nurses Breached Applicable Standard of Care

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.

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