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MOBILE INFIRMARY MEDICAL CENTER v. HODGEN

1011932.

884 So.2d 801 (2003)

MOBILE INFIRMARY MEDICAL CENTER v. James HODGEN.

Supreme Court of Alabama.

Rehearing Denied January 16, 2004.

Attorney(s) appearing for the Case

Walter W. Bates and Robert P. MacKenzie III of Starnes & Atchison, LLP, Birmingham; and W. Christian Hines III and John Peter Crook McCall of Starnes & Atchison, LLP, Mobile, for appellant.

Andrew T. Citrin and Michael S. McGlothren of Citrin & McGlothren, P.C., Daphne, for appellee.

Robert A. Huffaker and R. Austin Huffaker, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Medical Association of the State of Alabama, in support of the appellant.

Deborah Alley Smith of Christian & Small, LLP, Birmingham; and Joana S. Ellis of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for amicus curiae Alabama Defense Lawyers Association, in support of the appellant.

David G. Wirtes, Jr., and George M. Dent III of Cunningham, Bounds, Yance, Crowder & Brown, LLC, Mobile; R. Edwin Lamberth of Heninger, Burge, Vargo & Davis, LLP, Birmingham; and Nancy L. Eady of Morris, Haynes & Hornsby, Alexander City, for amicus curiae Alabama Trial Lawyers Association, in support of the appellee.

PER CURIAM.

Mobile Infirmary Medical Center appeals from the trial court's judgment, entered on a jury verdict, in favor of James Hodgen. We affirm conditionally.

Facts and Procedural History

In February 2000, 58-year-old James Hodgen was a patient in the intensive care unit of the Mobile Infirmary Medical Center recovering from cardiac bypass surgery. Hodgen's recovery progressed normally until he began to develop cardiac arrhythmia, or abnormal...

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