Delane O’rear, M.d. v. B.h.

Summary

The court affirmed a judgment awarding B.H. compensatory and punitive damages against Dr. O’Rear for conduct involving sexual abuse, prescription drugs, medical malpractice, assault, and outrage. It held that the Alabama Medical Liability Act governed claims arising from conduct connected to medical treatment, but that the jury could find other incidents occurred outside the doctor-patient relationship; the evidence also supported the applicable standard of care, causation, assault, outrage, and the compensatory-damages award. Justice Murdock, concurring in the result, would have held that none of the conduct was governed by the Alabama Medical Liability Act and that ordinary knowledge was sufficient to establish its wrongfulness.