Heath v. HealthSouth Medical Center

I

I respectfully dissent. Section 6-5-548(a) of the Alabama Medical Liability Act (“AMLA”), § 6-5-540 et seq., Ala. Code 1975, requires that a plaintiff in a medical-malpractice action prove that the defendant health-care provider1 “failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.” (Emphasis added.) Section 6-5-548(b) defines a “similarly situated health care provider” when the health-care provider alleged to have breached the standard of care has no…