Oliver v. Brock
| Decision Date | 30 December 1976 |
| Parties | Anita OLIVER, by and through her Mother and Next Friend, Cathy Oliver, and Cathy Oliver, as the Mother of Anita Oliver v. Ernest C. BROCK et al. SC 1989. |
| Court | Alabama Supreme Court |
Richard W. Bell, of Bell, Johnson & Hill, Pelham, for appellant.
McCoy Davidson, of Roberts & Davidson, Tuscaloosa, for appellees.
Anita Oliver, through her mother, Cathy Oliver, brought suit against Bryan Whitfield Memorial Hospital of Demopolis, Dr. F. S. Whitfield, Dr. Paul Ketcham and Dr. E. C. Brock, alleging that the plaintiffs had retained Drs. Whitfield, Ketcham and Brock to treat her for injuries received as a result of an automobile accident. The allegations are that '. . . the Defendant, Ernest C. Brock, was consulted by he Defendants, F. S. Whitfield, and Paul Ketcham, as to the diagnosis of the Plaintiff's injury, course of care and treatment to the The trial court granted Dr. Brock's motion for summary judgment and the plaintiffs appealed.
Plaintiff, and the Defendant, Ernest C. Brock, responded by providing technical medical information to the Defendants, F. S. Whitfield and Paul Ketcham, for the diagnosis, care and treatment of the Plaintiff, Anita Oliver.'
The motion for summary judgment was supported by three affidavits, Dr. Brock's own and that of Drs. Whitfield and Ketcham.
Dr. Brock's affidavit stated:
'I have never had Anita Oliver as a patient of mine; there has never been the doctor-patient relationship between Anita Oliver and myself; I have never been employed by the parents or guardians of Anita Oliver to treat, diagnose, or assist in any way in the care and treatment of Anita Oliver.
'I have never been employed, or associated by Dr. F. S. Whitfield or Dr. Paul Ketcham of Demopolis, Alabama, to consult with, diagnose or treat Anita Oliver.
'Anita Oliver has never been my patient, she is not now my patient, I have never been employed or requested to care for or treat Anita Oliver and I have not been employed or requested to advise anyone with regard to her medical problems.'
Dr. Whitfield stated by affidavit:
(Emphasis Supplied)
Dr. Ketcham's affidavit follows:
'I am Paul Ketcham, and I am one of the defendants in the above styled cause now pending in the Circuit Court of Tuscaloosa In opposition to the motion for summary judgment, the following affidavit of Cathy Oliver, mother of Anita, was offered:
County, Alabama; I treated the plaintiff following an accident on or about October 1, 1974; I had absolutely no contact whatsoever with Dr. Ernest C. Brock, a practicing physician in Tuscaloosa, Alabama, concerning the care and treatment of the plaintiff, Anita Oliver, at any time during the period I participated in her care and treatment; Dr. Brock did not, so far as I am aware, have any contact with the plaintiff while she was a patient at Bryan Whitfield Memorial Hospital following said accident.'
'AFFIDAVIT OF CATHY OLIVER IN OPPOSITION TO DEFENDANT ERNEST BROCK'S MOTION FOR SUMMARY JUDGMENT
'STATE OF ALABAMA
COUNTY OF SHELBY
'I, Cathy Oliver, being first duly sworn says:
'That I am the Plaintiff in the law suit involving Dr. Ernest C. Brock and that I am the Plaintiff who is suing Dr. Ernest Brock as the mother of Anita Oliver and as the next friend of Anita Oliver. That my daughter, Anita Oliver, was a patient in the Bryan Whitfield Memorial Hospital in October, 1974. While my daughter was a patient at that hospital, I became concerned regarding the care and treatment rendered or done by Dr. Whitfield and Dr. Ketcham. Dr. Whitfield told me that he would call Dr. Brock in Tuscaloosa to get some advise (sic) on how to treat my daughter's injuries. Dr. Whitfield later told me that he had talked with Dr. Brock and that Dr. Brock told him that Dr. Whitfield was treating the injuries correctly and told him to continue the same treatment.
'I have reviewed the chart prepared by the Defendants stating the names of the doctors who treated my daughter. On a page marked 'Discharge Summary', I have read that Dr. Brock was consulted and assisted in prescribing the treatment for my daughter. I sincerely believe that Dr. Brock took part in the treatment of my daughter and that he is at fault for the serious injuries suffered by my daughter as a result of this treatment.
/s/ Cathy Oliver
'Sworn to and subscribed before me this 2 day of June, 1975.
/s/ Dianna Dobbs
NOTARY PUBLIC'
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