Downey v. Mobile Infirmary Medical Center

On its face, the majority opinion seems to be right. The plaintiff presented testimony by a nurse that the defendant health care provider failed to do what she thought it should have done to "ensure [the plaintiff's] safety" as a patient; however, a reading of the extensive order of the trial court reveals that the majority's holding is contrary to established Alabama law. I agree with the trial judge's interpretation of the law of Alabama relating to the proof required in a malpractice case involving a health care provider, and I would affirm his judgment; consequently, I must dissent.

My…