Are Hospitals in Alabama Not Liable for Their Negligence?
A recent Alabama Supreme Court decision alleviates the liability of hospitals if they have any affiliation with State of Alabama. Lauree Durden Ellison was seen in the Emergency Room at Baptist Medical Center East Hospital in Montgomery. The hospital failed to notify Ms. Ellison or her doctor that she left the hospital with an antibiotic-resistant staph infection. Sadly, Ms. Ellison died. A Montgomery jury found the hospital was liable for failing to make this disclosure and awarded Ms. Ellison's family a $3.2 million dollar verdict. Under Alabama's wrongful death statute all of these damages are punitive in nature intended to punish the wrongdoer and prevent such acts in the future. However, the Alabama Supreme court in a 5-3 decision held that the hospital was immune from liability.