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Tobiassen v. Sawyer12/30/2004
The defendants in this medical-malpractice action, Dr. Todd Tobiassen and the Baldwin County Eastern Shore Health Care Authority d/b/a Thomas Hospital, petitioned separately, pursuant to Rule 5, Ala. R. App. P., for permission to appeal from the Baldwin Circuit Court's denial of their motions for a judgment on the pleadings and for a summary judgment. We granted permission to appeal, and we now reverse the trial court's denial of Dr. Tobiassen and Thomas Hospital's motions and render a judgment for them.
Facts and Procedural History
On December 1, 2000, the plaintiff below, Craig R. Sawyer, sought treatment in the emergency room of Thomas Hospital. He complained of a headache, numbness on the right side of his body, impaired balance, and sinus pressure. Dr. Tobiassen evaluated Sawyer and ordered an MRI examination of Sawyer's brain. Additionally, Sawyer underwent a "spinal tap"--or lumbar puncture--in which a sample of cerebrospinal fluid was obtained and analyzed. According to Dr. Tobiassen's emergency-room notes, which are included in the record, Sawyer was prescribed certain medication and was instructed to have a follow-up visit with a neurologist, Dr. Stubler. Sawyer was released from the emergency room later that day.
The next day, December 2, 2000, Sawyer returned to Thomas Hospital with similar symptoms; he was admitted to the hospital at that time. On December 5, 2000, while he was still a patient at Thomas Hospital, Sawyer was told that he had suffered a stroke.
On December 5, 2002, Sawyer sued Dr. Tobiassen and Thomas Hospital alleging negligence and medical malpractice under the Alabama Medical Liability Act, Ala. Code 1975, ยง 6-5-480 et seq. Sawyer's negligence count stated, in pertinent part:
"2. On December 1, 2000, [Sawyer] was treated at Thomas Hospital by Dr. Tobaissen for the following symptoms: severe headache, impaired balance, numbness to only one side of the body, and tingling on only one side of the body. [Sawyer] informed the triage nurse in the emergency room that he felt he was having a stroke based on his symptoms.
"3. [Sawyer's] symptoms had been caused by a stroke.
"4. [Sawyer] was treated for spinal infection, ... which [Dr. Tobiassen] admitted was inconsistent with symptoms of [Sawyer]. [Sawyer] was discharged from the emergency room at Thomas Hospital without treatment or diagnosis for stroke.
"4 . [Sawyer] suffered another stroke at home after discharge from Thomas Hospital emergency room. [Sawyer] was informed on Tuesday, December 5, 2000 that he had suffered from a stroke.
"3 . [Dr. Tobiassen's] care for [Sawyer] was negligent in one or more of the following ways:
"(a) [Dr. Tobiassen and Thomas Hospital] negligently failed to properly diagnose [Sawyer's] condition;
"(b) [Dr. Tobiassen and Thomas Hospital] did not have in place appropriate procedures and safeguards to prevent the failure to properly diagnose [Sawyer's] condition;
"(c) [Dr. Tobiassen and Thomas Hospital] lack adequate training measures and supervision of their aids, nurses, and graduate nurses to insure that negligent diagnosis not made;
"(d) [Dr. Tobiassen and Thomas Hospital] failed to have adequate staffing and adequately trained staffing[.]
"4 . As a result of [Dr. Tobiassen and Thomas Hospital's] negligence, [Sawyer] was caused to suffer the following injuries and damages: [Sawyer] was permanently injured; [Sawyer] suffered permanent disability in the form of loss of motor skills in the right hand; permanent numbness in the right side, permanent impaired balance, permanent diminished ability to be productive in
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