Thomasson v. Diethelm

This is an appeal from a summary judgment for defendants in a suit which plaintiff is attempting to bring under the Alabama Medical Liability Act. The case presents the question of whether the Act affects an action brought against a physician by a person who was not the physician's patient.

On September 12, 1979, Kimberly Thomasson was a respiratory therapist in the respiratory therapy department at University Hospital in Birmingham, Alabama. In the line and scope of her employment, she was called to provide treatment for a patient who had hepatitis and was in the care of Dr. Arnold G.…