Annette F. Johnson filed a medical malpractice lawsuit against Dr. Troy A. Layton and SportsMed Orthopaedic Specialists, after alleging negligent and wanton failure to diagnose and treat her injuries. After three years of treatment, Johnson claimed that she lost the use of her left arm due to the medical negligence.
The Limestone Circuit Court ruled in favor of Dr. Layton and SportsMed on summary judgment. Johnson appealed, challenging the admissibility of an affidavit by Dr. Layton. She claimed that Dr. Layton's affidavit should have been stricken as it failed to comply with Rule 56(e) because it referred to her medical records without attaching them. Johnson also argued that the court erred in holding a hearing on the summary judgment motion despite her express non-consent.
The Supreme Court reaffirmed the decision of the trial court, ruling that Dr. Layton's reference to the medical chart in his affidavit didn't mandate the attachment of the chart as he relied on personal knowledge and not the chart to express his opinion.
Writ of Mandamus is not Proper Relief for Discovery Issue
Discovery Requests Regarding Remedial Measures From Prior Incidents Denied as Outside the Scope of the Alabama Medical Liability Act
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
Trial Court Directed to Narrow the Scope of Permitted Discovery
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"
Plaintiff's Failed to Present Expert Testimony that Nurses Breached Applicable Standard of Care
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