MEDICAL MALPRACTICE -- SUMMARY JUDGMENT - BRELAND V. RICH
In Breland v. Rich, [Ms. 1091425, Mar. 11, 2011] __ So. 3d __(Ala. 2011), the Supreme Court reversed a summary judgment for healthcare providers. The Court held that the plaintiff had presented testimony from a qualified expert that the defendant doctor's treatment of the plaintiff was below the standard of care and had the defendants not acted negligently the plaintiff probably would have had a better outcome. Further, the Court held that, just because other healthcare providers may also have acted negligently, their negligence would not absolve the defendant healthcare providers of liability for their own negligence.