Overturning precedent, the Alabama Supreme Court Sept. 30 ruled that the state’s medical malpractice act doesn’t apply in cases where health-care providers are alleged to have sexually assaulted patients (Ex parte Vanderwall, 2015 BL 319685, Ala., 1130036, 9/30/15).
The court said it could not “in good conscience” continue to apply in such cases the protections afforded to providers under the Alabama Medical Liability Act (AMLA), Ala. Code § 6-5-480 et seq. and § 6-5-540 et seq. The court didn’t believe the legislature intended the act to apply in sexual assault cases because “such acts do not, by ...
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