 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Schuffert v. Morgan6/30/2000
ng to diagnose and treat her periodontal disease, Schuffert proffered the affidavit of Dr. Dawson. In her affidavit, Dr. Dawson stated (1) that periodontitis would have been present during each visit Schuffert made to Dr. Morgan over the last several years; (2) that the applicable standard of care would have required Dr. Morgan to monitor, recognize, and treat the periodontal disease; and (3) that in failing to diagnose and treat the periodontitis, Dr. Morgan breached the applicable standard of care. Viewing the evidence in a light most favorable to Schuffert, we conclude that she presented substantial evidence indicating that Dr. Morgan failed to exercise such reasonable care, skill, and diligence as a dentist would ordinarily exercise in a similar case. Nonetheless, this showing will not allow the plaintiff's claim to withstand a summary-judgment motion unless the plaintiff presented evidence of proximate cause -- evidence that the breach caused the harm complained of. Brooks v. Goldhammer, 608 So. 2d 394 (Ala. 1992) (holding that a physician, even though negligent, was not liable absent a showing of proximate causation).
It is well settled that, in order "to prove causation in a medical malpractice case, the plaintiff must prove, through expert medical testimony, that the alleged negligence probably caused, rather than only possibly caused, the plaintiff's injury ." University of Alabama Health Servs. Found. v. Bush, 638 So. 2d at 802.
Dr. Dawson stated in her deposition and in her affidavit that Dr. Morgan's failure to diagnose Schuffert's periodontal disease caused the condition to go untreated and, as a result, to worsen. She further stated that Dr. Morgan's failure to treat the periodontal disease was a breach of the applicable standard of care, and that, as a proximate result of that breach, Schuffert was made to suffer dental injuries of an acute and permanent nature. We conclude that Schuffert produced substantial evidence tending to prove that Dr. Morgan beached the applicable standard of care and that the breach proximately caused the injury for which Schuffert seeks damages.
Clearly, the acts giving rise to Schuffert's claims based on the actual dental work did not occur within the two years before she filed her complaint, and, clearly, she did not commence this action within six months after her discovery of the claim, as is permitted by ยง 6-5-482, Ala. Code 1975. Thus, we affirm the summary judgment insofar as it relates to the restorative dental work performed by Dr. Morgan. However, with regard to Schuffert's claim that Dr. Morgan negligently breached the standard of care by failing to diagnose and treat her periodontal disease, we hold that that claim is not barred by the statute and the evidence presented by Schuffert created a genuine issue of material fact. We therefore reverse the summary judgment insofar as it relates to this claim.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Hooper, C.J., and Houston, Cook, See, Lyons, Johnstone, and England, JJ., concur.
Page 1 2 3 4 5 6 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|