Frazier v. Gillis

Court of Civil Appeals of Alabama

County | 85 So.3d 443 | 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

Joey Frazier, representing the estate of his mother Florine Bryant, appealed a judgment dismissing the lawsuit against Dr. Frank Gillis for medical malpractice. Bryant was treated by Dr. Gillis for heart condition and was given Coumadin, a blood thinner that required careful monitoring.

According to the case record, proper follow-ups and guidance on drug usage failed to take place. It was claimed Dr. Gillis breached the standard of care leading to Bryant's death due to incorrect Coumadin dosage. Dr. Gillis argued that the allegedly negligent medical treatment provided by others post his initial treatment was a superseding intervening cause.

However, the court reversed the judgment, stating that on the principle of foreseeable negligence, Dr. Gillis could still be found liable if the jury found his negligence initiated the sequence of events leading to Bryant's death.

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