Delane O’rear, M.d. v. B.h.

Summary

The court affirmed the judgment awarding B.H. compensatory and punitive damages against Dr. O'Rear. It held that conduct occurring in the course of medical treatment was subject to the Alabama Medical Liability Act, while incidents occurring outside the doctor-patient relationship were not, and that substantial evidence supported the medical-malpractice, assault, and outrage claims. The court also upheld the compensatory-damages award because the evidence supported severe, continuing harm from the sexual abuse and drug addiction. Justice Murdock, concurring in the result, would have held that none of the conduct was governed by the Alabama Medical Liability Act.