Hempfleng v. Smith

ROBERTSON, Presiding Judge.

Kenneth Dean Hempfleng appeals from a summary judgment entered by the Baldwin County Circuit Court on his medical-negligence claims against Dr. Charles B. Smith. We reverse and remand.

Hempfleng filed a complaint in the trial court on February 27, 1998, alleging that he had suffered an infection after undergoing a procedure performed by Dr. Smith, a board-certified surgeon, and that Dr. Smith had negligently failed to treat that infection with antibiotics in a timely manner and, as a result of that failure, caused one of Hempfleng’s testicles to atrophy. Dr. Smith…