Alabama Supreme Court Upholds $3.2M Malpractice Verdict

March 6, 2014

The Alabama Supreme Court has upheld a jury’s $3.2 million medical malpractice judgment involving a Montgomery hospital.

The court ruled Friday that the university-affiliated Health Care Authority for Baptist Health that ran the hospital did not qualify for the legal immunity granted to state entities.

The court in a 6-3 decision rejected the hospital’s request for rehearing.

The case dates back to 2005 when a 73-year-old woman was treated in the emergency room of Baptist Medical Center East. She tested positive for a dangerous drug-resistant bacteria, but the results were not communicated to her treating physician. She later died.

The court in 2011 had tossed out the judgment, saying that immunity should be extended to Baptist Health because of its relationship with the University of Alabama at Birmingham Health System.

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