In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care, the minimum standard of proof required to test the sufficiency of the evidence to support any issue of fact shall be proof by substantial evidence. In all such actions, whether arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings or motions filed in such actions testing the sufficiency of the evidence to support an issue of fact, including, but not limited to, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings respecting the sufficiency of the evidence, the standard of proof required shall be proof by substantial evidence. In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury shall be reasonably satisfied by substantial evidence that the health care provider failed to comply with the standard of care and that such failure probably caused the injury or death in question.
(Acts 1987, No. 87-189, p. 261, §10; Acts 1996, No. 96-511, p. 650, §3.)
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1992–2024 · leading case:
Thompson v. Patton, 6 So. 3d 1129 (Ala. 2008).
Thompson v. Patton, 6 So. 3d 1129 (Ala. 2008).
· cites it 8× “' § 6-5-549. The legislature, in 1996, added the following sentence to § 6-5-549: `In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury shall be reasonably satisfied by substantial evidence that the…”
Cackowski v. Wal-Mart Stores, Inc., 767 So. 2d 319 (Ala. 2000).
· cites it 7× “"Alabama Code 1975, § 6-5-549, deals with sufficiency of the evidence in medical malpractice cases.”
Patton v. Thompson, 958 So. 2d 303 (Ala. 2006).
· cites it 5× “1989),] and the case law discussing the `probably caused [the death in question]' standard of proof required in medical malpractice cases [§ 6-5-549, Ala. Code 1975]." (Petition to appeal p.”
Hutchins v. DCH Reg'l Med. Ctr., 770 So. 2d 49 (Ala. 2000).
· cites it 7× “Part III of the main opinion states that the statutory requirement that the court *63 give a "substantial-evidence" instruction (see the Alabama Medical Liability Act, Ala.Code 1975, § 6-5-549) is not unconstitutional.”
Long v. Wade, 980 So. 2d 378 (Ala. 2007).
· cites it 4× “) See also § 6-5-549: "In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care, the minimum standard of proof required to test the sufficiency of the evidence to support any…”
Mobile OB-GYN, P.C. v. Baggett, 25 So. 3d 1129 (Ala. 2009).
· cites it 10× “, Ala.Code 1975, § 6-5-549 ("In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury shall be reasonably satisfied by substantial evidence that the health care provider failed to comply with the…”
Willard v. Perry, 611 So. 2d 358 (Ala. 1992).
· cites it 2× “Section 6-5-549 mandates that the standard of proof the nonmoving party must meet to overcome a properly supported motion for summary judgment is "substantial evidence.”
Breaux v. Thurston, 888 So. 2d 1208 (Ala. 2003).
“" Section 6-5-549 was amended in 1996 to provide: "In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury must be reasonably satisfied by substantial evidence that the health care provider failed to…”
Hayes Ex Rel. Est. of Billarreal v. Luckey, 33 F. Supp. 2d 987 (N.D. Ala. 1997).
· cites it 2× “In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care the minimum standard of proof required to test the sufficiency of the evidence to support any issue of fact shall be…”
Hill v. Fairfield Nursing & Rehab. Ctr., LLC, 134 So. 3d 396 (Ala. 2013).
· cites it 2× “On appeal, Hill argues that, during the presentation of her case-in-chief, she adduced substantial evidence indicating that Smith breached the standard of care applicable to Hill’s treatment and that her breach proximately caused Hill’s injury. The defendants counter that Hill…”
Johnson v. Wagner, 678 So. 2d 782 (Ala. 1996).
· cites it 2× “Alabama Code 1975, § 6-5-549, deals with sufficiency of the evidence in medical malpractice cases.”
Mixon v. Cason, 622 So. 2d 918 (Ala. 1993).
“Code 1975, § 6-5-542(2); § 6-5-548; and § 6-5-549. See Willard v. Perry, 611 So.2d 358 (Ala.”
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