Melissa Bain v. Colbert County…

Summary

The Alabama Supreme Court affirmed the trial court’s summary judgment in favor of Colbert County Northwest Alabama Health Care Authority (HKH) on all of Melissa Bain’s claims, finding no genuine issue of material fact that the emergency‑room nurses’ failure to obtain a family history caused Heath’s death, that HKH was vicariously liable for Dr. Wigfall’s negligence via apparent authority, or that HKH owed a nondelegable duty to provide emergency physician services. Justice Parker, dissenting in part, and Justice Murdoch, dissenting in part, each argued that the majority erred on the vicarious‑liability issue, with Parker asserting sufficient evidence of apparent authority and Murdoch contending a contract‑based nondelegable duty.