McGathey v. Brookwood Health Services, Inc.

I respectfully dissent from the majority’s reversal of the trial court’s summary judgment for Brookwood Health Services, Inc., with regard to Felice McGathey’s medical-negligence claims. Specifically, I believe that to produce substantial evidence creating a genuine issue of material fact as to whether Paul Nunnally, a Brook-wood employee, violated the applicable standard of care by failing to ensure that the medical device was sufficiently cool before it was attached by Jennifer Rawl-ings, an employee of Alabama Spine and Joint, to McGathey’s arm and hand, McGa-they needed to produce expert…