Williams v. Spring Hill Memorial Hosp.

The majority affirms, based on McAfee v. Baptist MedicalCenter, 641 So.2d 265 (Ala. 1994), in which Justice Kennedy and I dissented. In McAfee, Justice Kennedy dissented, expressing his view that the plaintiff had presented substantial evidence creating a genuine issue of material fact and that the case should have been submitted to a jury. I concurred in Justice Kennedy's dissent. The majority in this case, as in McAfee, discusses whether Alabama should abandon its traditional rules of proximate cause and recognize the "loss of chance doctrine." However, the "loss of chance doctrine" is…