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CATES v. COLBERT COUNTY-NORTHWEST A. H. A.

1930129.

641 So.2d 239 (1994)

Melba CATES v. COLBERT COUNTY-NORTHWEST ALABAMA HEALTHCARE AUTHORITY, d/b/a Helen Keller Memorial Hospital.

Supreme Court of Alabama.

Rehearing Denied April 29, 1994.

Attorney(s) appearing for the Case

Ray O. Noojin, Jr. and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for appellant.

Braxton W. Ashe and Michelle A. Meurer of Almon, McAlister, Ashe, Baccus & Tanner, Tuscumbia, for appellee.

HOUSTON, Justice.

The plaintiff, Melba Cates, appeals from a summary judgment for the defendant, Colbert County-Northwest Alabama Healthcare Authority, d/b/a Helen Keller Memorial Hospital ("the hospital"), in her action to recover damages for medical malpractice. We reverse and remand.

The plaintiff entered the hospital to have abdominal surgery. During that operation, and while under sedation, she was restrained with straps over her forearms. After she awoke...

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