The appellants sued to recover for the loss of their mother due to alleged medical malpractice on the part of Dr. William Headley and the Baldwin County Hospital Authority. The case is before us on appeal from the grant of Dr. Headley’s motion for summary judgment.
The decedent died following the performance of an elective surgical procedure known as a gastroplasty, the purpose of which was to relieve her obesity. It is apparent without dispute from the record that the decedent was considered a high-risk candidate for surgery due to various medical problems from which she suffered. According to Dr. Headley’s clinical notes, the surgery took about an hour and was completely uneventful. The decedent was thereafter brought to
In support of his motion for summary judgment, Dr. Headley submitted his own affidavit averring that he had at all times during his treatment of the decedent exercised “that degree of care, skill and diligence ordinarily exercised by the medical profession generally under similar conditions and like surrounding circumstances. . . .” The appellants responded with the affidavit of Dr. Jack E. Birge, who averred that, based on his review of the hospital records attached to the affidavit, he was of the opinion that, due to her medical problems, the decedent was not an appropriate candidate for surgery “except in a dire emergency as a matter of life and death.” Dr, Birge further averred that “this patient certainly should have been cared for by admission to the intensive care unit . . . after surgery,” and he attributed her death to her not having received “immediate and constant supervision” following the surgery. Held:
We must agree with the appellee that Dr. Birge’s averment that the decedent was not an appropriate candidate for surgery was insufficient to establish any basis upon which the appellee could be held liable for her death, inasmuch as it is apparent without dispute from the record that the decedent was informed prior to the surgery that she was a high-risk patient and that she nevertheless expressed her willingness and desire to go forward with the surgery, stating that “she did not feel she could go on the way she had been going.” The appellee cannot be held accountable for the appellant’s exercise of her own independent judgment under such circumstances. Accord
Sikorski v. Bell,
Judgment reversed.
