Alabama Injury Attorney Blog

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.

In the months prior to Ms. Ellison visit to the ER, Baptist Medical Center East parent company was undergoing financial difficulty and transferred operations of the hospital to the University of Alabama and UAB Health Systems for a set period of time. Once the term ended the operations of the hospital were to revert back to Baptist Medical Center East. Based upon the fact that a board of trustees created by the University was set up to run the hospital, the majority of the Court held that was enough to give the hospital state immunity.

This ruling creates a very dangerous precedent as noted by Chief Justice Cobb's dissent. This ruling frees the hospital from responsibility for the harm that may be caused by its negligence. Shouldn't hospitals be held accountable, like everyone else? Consider this: Medical errors are the fifth-leading cause of deaths in the US, with up to 98,000 deaths annually. (source Medical News Today). If the judicial system cannot serve as a checks and balances on state run hospitals who will? Would you want to seek medical care in a facility you know can cut off your wrong leg during surgery and have no responsibility?

For a good overview of this case and its holding see John Archibald's article "It's good to be in the service of the king."

The abuse and exploitation of elderly individuals is certainly not a recent phenomenon. According to Alabama's Adult Protective Services, there were approximately 840 reported cases of elderly abuse in 2004. In fact, Elder Abuse Daily, an organization with the sole purpose is to increase awareness of Elder Abuse, estimated that in 2009, there were 95,300 cases of elder abuse out of approximately 862,786 elderly adults in Alabama alone.

Now, a study from Cornell University's medical college suggests that the cases of elder abuse and exploitation are far greater than initially expected. The study suggests that for every case of elder abuse that is officially reported, 23.5 cases went unreported. For each case of financial abuse of elders reported, 43.9 cases actually occurred.

These are alarming statistics! Physical and financial abuse of the elderly is occurring every day in Huntsville and throughout the state of Alabama. It occurs through undue influence, duress, and manipulation which often goes unnoticed for months or even years. The experienced Huntsville nursing home attorneys and probate attorneys of Martinson & Beason P.C. represent the elderly and their family members in combating these abuses. If you know a loved one who may be a victim to financial abuse, physical abuse, exploitation, or simply neglect, email us at info@mblawhsv.com or call our Huntsville Lawyers at Martinson & Beason, P.C. at 1-800-255-6534.