HAMILTON v. SCOTT

No. 1150377.

278 So.3d 1180 (2018)

Amy Langley HAMILTON, v. Warren SCOTT, M.D., and Isbell Medical Group, P.C.

Supreme Court of Alabama.

Opinion Modified on Denial of Rehearing January 11, 2019.


Attorney(s) appearing for the Case

Rip Andrews and Dylan H. Marsh of Marsh, Rickard & Bryan, P.C., Birmingham, for appellant.

Sybil V. Newton , Walter W. Bates , and Scott M. Salter of Starnes Davis Florie LLP, Birmingham; and R. Bernard Harwood, Jr. , of Rosen Harwood, P.A., Tuscaloos, for appellees.

Patrick M. Shegon and Philip A. Sellers II of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Medical Association of the State of Alabama, in support of the appellee's application for rehearing.

Brief of amici curiae in support of the appellee's application for rehearing filed by Gregg B. Everett of Gilpin Givhan, P.C., Montgomery, for Alabama Hospital Association; Cary Tynes Wahlheim, university counsel and UABHS general counsel, of UAB Office of Counsel, University of Alabama System, for UAB Callahan Eye Hospital Authority; T. Charles Fry, Jr., gen. counsel, University of Alabama Health Services Foundation, P.C.; and George E. Knox, Jr., and Jeffrey T. Kelley of Lanier Ford Shaver & Payne P.C., Huntsville, as additional counsel for all amici filing this brief.


Amy Langley Hamilton appeals from a judgment against her and in favor of Warren Scott, M.D., and the Isbell Medical Group, P.C. ("IMG"), following a jury trial in the DeKalb Circuit Court on Hamilton's claim alleging the wrongful death of her stillborn son Tristian. We reverse and remand.

I. Facts

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