This case concerns medical malpractice related to a postoperative infection that resulted in rehospitalization and extensive treatment. Janann Durham sued Lloyd Noland Hospital (the Hospital), claiming that the Hospital was negligent to not administer her preoperative antibiotic treatment as prescribed by her physicians, which resulted in an infection post-surgery.
A trial court ruled in Durham's favor, but the hospital appealed the decision, arguing that the judgment was against the weight of the evidence and that the court erred by denying a new trial. The Hospital also contended the trial court violated periodic payment provisions of the Alabama Medical Liability Act. The Supreme Court affirmed the trial court ruling in Durham's favor, arguing that enough evidence supported Durham's claims and that the verdict was within the jury's discretion. It did not find the Hospital's argument for periodic payments compelling.