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Verdicts
Negligence Showing Is Rebuttable, Alabama Supreme Court Says
An Alabama trial court erred when it did not tell the jury that even after plaintiff made a prima facie showing of negligence, defendant surgeons could rebut that inference with evidence that they had conformed to the standard of care. Houseman v. Garrett, 2004 Ala. LEXIS 334 (Sup. Ct. Ala. 12/10/04).
The plaintiff underwent surgery to reverse a bilateral tubal ligation that had been performed years earlier. Two defendant doctors conducted the surgery. The defendants did not dispute that they had placed a Kerlix gauze pad under the plaintiff's uterus during surgery to elevate the uterus and that this pad was not removed after the surgery was completed. It was also undisputed that a nurse was responsible for counting the surgical sponges and surgical devices used in this procedure before and after the surgery and that she apparently did not include the Kerlix pad in her pre-surgery count and did not advise the surgeon of it.
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