Defendant's Attorney: Not Available

Description:

Birmingham, Alabama personal injury medical malpractice lawyer represented the Plaintiff.

Donald J. Mottern ("Mottern"), as administrator of the estate of Lavonne S. Mottern, deceased, appeals from a judgment of the Jefferson Circuit Court dismissing Mottern's claims against Baptist Health System, Inc. ("BHS"), d/b/a BMC - Princeton Medical Center. Lavonne died after she was administered a contaminated intravenous injection at Princeton Medical Center. The primary issue in this appeal is whether the trial court erred in dismissing Mottern's claim under the Alabama Extended Manufacturer's Liability Doctrine ("the AEMLD") and his claim alleging a breach of implied warranty under the Uniform Commercial Code ("the UCC"), Ala. Code 1975, § 7-3-101 et seq. Mottern argues that, under the Alabama Medical Liability Act ("the AMLA"), Ala. Code 1975, § 6-5-480 et seq. and § 6-5-540 et seq., he is entitled to pursue theories of liability in addition to what might be described as traditional "medical malpractice." We agree with that proposition. However, we also agree with BHS that all of Mottern's claims, including those based on the AEMLD and warranty provisions of the UCC, are subject to the standard-of-care provisions set out in the AMLA.

Outcome: Reversed and remanded.

Mottern v. Baptist Health Sys., SC-2024-0148 (Ala. Sep 06, 2024)

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