McGathey v. Brookwood Health Services, Inc.

Felice McGathey appealed a circuit court's grant of summary judgment in favor of Brookwood Health Services, Inc., d/b/a Brookwood Medical Center, and Scott Appell, M.D., in her medical malpractice action; she also challenged the trial court's order denying her motion for leave to amend her complaint to substitute real parties for fictitiously named defendants. The Supreme Court affirmed in part, and reversed in part. McGathey suffered a severe burn on the little finger of her left hand, permanent disfigurement and impaired mobility following left-shoulder arthroscopy, subacromial decompression, and distal clavicle resection. A Spider Limb Positioner was used in the surgery. A part of the positioner was sterilized, but was not given a chance to cool down before it was used in the surgery. And because defendants allowed the hot part to be used on McGathey during the surgery, she suffered her injuries. Based on a review of the record, the Supreme Court concluded that McGathey produced substantial evidence of negligence for one of the Brookwood employees and reversed the grant of summary judgment in that defendant's favor. The Court affirmed the summary judgment in favor of Dr. Appell. The case was remanded for further proceedings. View "McGathey v. Brookwood Health Services, Inc." on Justia Law