Moses v. Gaba

6 Citing cases

  1. Malone v. Daugherty

    453 So. 2d 721 (Ala. 1984)   Cited 13 times

    Here, it is clear, by the conclusion of his testimony, that this misunderstanding had been rectified, and that Dr. LaRocca's testimony establishes that Dr. Daugherty, in his opinion, did not breach the standard of care for this particular operation, and that such an occurrence as the laceration of the blood vessels was a surgical accident, and did not equate with negligence. In Moses v. Gaba, 435 So.2d 58 (Ala. 1983), this Court observed: "Physicians cannot be held to a standard of perfection. From time to time, even the most skilled physician, in the exercise of the utmost care, makes mistakes.

  2. Gilbert v. Campbell

    440 So. 2d 1048 (Ala. 1983)   Cited 15 times
    Holding that expert evidence as to the "proper use, purpose, insertion, and removal of a Penrose drain" was required in order to establish causation after a Penrose drain used in prior colon surgery was discovered in a subsequent surgery to repair damage to the abdomen

    We have never held that this doctrine may be used in a medical malpractice action to prove negligence. The rule in Alabama is that expert medical testimony is required to establish what is and what is not proper medical treatment and procedure. See, Moses v. Gaba, 435 So.2d 58 (Ala. 1983). Expert medical testimony is required in this case to describe the proper use, purpose, insertion, and removal of a Penrose drain. Drs. Halpern and Campbell testified that a Penrose drain is a latex tube, varying in width and length. It is designed to serve as a temporary drain of fluids, infected matter, and other material.

  3. Jordan v. Brantley

    589 So. 2d 680 (Ala. 1991)   Cited 16 times
    Holding that, in a case involving the misidentification of bodies by an emergency-room nurse, the plaintiff's expert was not similarly situated because she had not worked in a hospital during the three years before the date of trial and had admitted that she was not an expert in emergency-room procedures

    In a case governed by the Act, the plaintiff must offer expert medical testimony as to what is or what is not the proper standard of care, and the lack of such testimony results in the lack of proof essential to establish the plaintiff's case. Rosemont, Inc. v. Marshall, 481 So.2d 1126, 1129 (Ala. 1985); Gilbert v. Campbell, 440 So.2d 1048, 1049 (Ala. 1983); Moses v. Gaba, 435 So.2d 58 (Ala. 1983). The record reflects that a directed verdict was appropriate in this case.

  4. Shumaker v. Johnson

    571 So. 2d 991 (Ala. 1990)   Cited 17 times
    Holding that "honest error in judgment" and "good-faith error jury charge should not be given in medical malpractice cases because of its potential for confusing the jury"

    However, since the Robinson decision, the "honest mistake" rule has been followed in this state. See, e.g., Otwell v. Bryant, 497 So.2d 111 (Ala. 1986); Moses v. Gaba, 435 So.2d 58 (Ala. 1983); Riddlesperger v. UnitedStates, 406 F. Supp. 617 (N.D.Ala. 1976) (applying Alabama law); Piper v. Halford, 247 Ala. 530, 25 So.2d 264 (1946); Ingram v. Harris, 244 Ala. 246, 13 So.2d 48 (1943). However, we note that a growing number of jurisdictions have abandoned the "good faith" rule in recent years.

  5. Otwell v. Bryant

    497 So. 2d 111 (Ala. 1986)   Cited 52 times
    Finding a “substantial connection” between an expert witness and the defendant's insurance company where the defendant and the expert witness were both members of a small insurance trust for dentists, “the expert witness had cofounded the trust,” payments of claims “could result in a rise in premiums charged to all members,” and “all members would be required to absorb a share” of any judgment exceeding the amount in the trust

    In support of their position, appellants simply note that both Dr. Hensleigh and Dr. Kitchens were involved in the case and treatment of Arlen Otwell. This fails to establish a scintilla of evidence against either Dr. Hensleigh or Dr. Kitchens. This Court has repeatedly held that in malpractice cases, expert medical testimony is required to establish a scintilla of evidence against a physician. See, Gilbert v. Campbell, 440 So.2d 1048 (Ala. 1983); Moses v. Gaba, 435 So.2d 58 (Ala. 1983). There was no expert testimony elicited that was critical of the care and treatment provided by Dr. Kitchens or Dr. Hensleigh. The only expert that testified that there was a breach of the standard of care was the plaintiff's expert, Dr. Morton. He testified as to the standard of care in answer to hypothetical questions posed by appellant's counsel.

  6. Powell v. Mullins

    479 So. 2d 1119 (Ala. 1985)   Cited 28 times
    In Powell v. Mullins, 479 So.2d 1119, 1126 (Ala. 1985), this Court stated that "[u]nder our cases, a failure to remove sponges, needles, etc., which are placed inside the patient during the operation constitutes prima facie evidence of negligence."

    We have never held that this doctrine may be used in a medical malpractice action to prove negligence. The rule in Alabama is that expert medical testimony is required to establish what is and what is not proper medical treatment and procedure. See, Moses v. Gaba, 435 So.2d 58 (Ala. 1983)." 440 So.2d at 1049.