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McAFEE v. BAPTIST MEDICAL CENTER

1920827, 1920852.

641 So.2d 265 (1994)

Martin McAFEE, a minor, who sues By and Through his mother and next friend, Terri McAFEE; and Terri McAfee, individually v. BAPTIST MEDICAL CENTER, et al. Brenda J. ROBERTS and Clinton E. Roberts v. FAMILY MEDICAL, P.C., et al.

Supreme Court of Alabama.

April 22, 1994.

Attorney(s) appearing for the Case

Tom Dutton of Pittman, Hooks, Marsh, Dutton & Hollis, P.C., Birmingham, for appellants.

W. Stancil Starnes, Michael A. Florie and Joseph S. Miller of Starnes & Atchison, Birmingham, for appellees Dr. Rodney Dorand and Neonatal Associates, P.C.

W. Boyd Reeves, Norman E. Waldrop, Jr. and Tara T. Bostick of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for Family Medical Center, P.C. and Dr. Robert A. Kimbrell.

Thomas H. Keene and Paul M. James, Jr. of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Dr. Gillis L. Payne, Jr., and Gillis L. Payne, Jr., M.D., P.C.

SHORES, Justice.

These consolidated appeals are from summary judgments for the defendants in two medical malpractice cases. In each case, after the defendant physician or physicians produced evidence that their actions did not cause the patient's condition to worsen, the trial court ruled that the plaintiffs had failed to present substantial evidence that the alleged negligence of the physicians probably caused the injuries that the plaintiffs complained of, and in...

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