Byrd v. Martin

STEAGALL, Justice.

The appeal in this medical malpractice case is from a judgment based on a directed verdict in favor of the defendant, Dr. C. Allen Martin, Jr., and from an order denying the plaintiffs’ motion for new trial.

Dr. Martin is a dentist licensed to practice in the State of Alabama; he specializes in oral and maxillofacial surgery. Thomas Marshall Byrd was referred to Dr. Martin for the surgical extraction of an impacted molar tooth. On November 16, 1983, Dr. Martin surgically removed the tooth and also surgically removed a tissue sample from Mr. Byrd’s gum in the area of the…