Legal Opinion · Dissent

Boyles ex rel. Boyles v. Dougherty

Supreme Court of Alabama

Decided September 27, 2013No. 1120395Published

1DissentStuart, Justice

The main opinion reverses the summary judgment entered by the trial court in favor of Denise Dougherty, a registered nurse employed by University of Alabama at Birmingham Hospital, on the medical-malpractice claim asserted against her by Tammie L. Boyles (“Boyles”) on behalf of her minor son Colton Elijah Powell Boyles (“Eli”). I agree with the trial court that Boyles failed to identify an expert capable of testifying that Dougherty’s alleged breach of the standard of care probably caused the identified injury to Eli and that summary judgment was accordingly proper on that basis. I therefore…

2Cases cited23 opinions

  1. Sorenson v. St. Paul Ramsey Medical CenterSupreme Court of Minnesota · 1990
  2. Bradford v. McGeeSupreme Court of Alabama · 1988
  3. Arlington Memorial Hospital Foundation, Inc. v. BairdCourt of Appeals of Texas · 1999
  4. Flanagan v. LabeSupreme Court of Pennsylvania · 1997
  5. Bell v. HartSupreme Court of Alabama · 1987

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