The Alabama Supreme Court has overturned a $5 million malpractice verdict given by a Mobile jury (actually the jury awarded $8 million and it was reduced) to the mother of a child who died shortly after birth four years ago. Plaintiff’s medical malpractice lawsuit alleged that negligence by a Mobile OB-GYN led to her son’s death.
I cannot find the opinion so I really cannot comment on it. But the process of electing judges in Alabama for their Supreme Court is just a bad idea. The problem for Mobile malpractice lawyers fighting for their clients is that while juries look at the facts of individual cases, voters often hate malpractice lawyers and, vicariously, their clients when they are in the voting booth. This can make victory at trial in a malpractice case just the first step of getting a meaningful recovery.