Rhonda Kay Armour v. Southeast Alabama Medical Center

Supreme Court of Alabama·Decided March 20, 2026·No. SC-2025-0517·Published

Opinion

Rel: March 20, 2026

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA OCTOBER TERM, 2025-2026

SC-2025-0517

Rhonda Kay Armour

v.

Southeast Alabama Medical Center

Appeal from Houston Circuit Court (CV-13-900539)

MENDHEIM, Justice.

Rhonda Kay Armour appeals from the Houston Circuit Court's summary judgment entered against her and in favor of Southeast Alabama Medical Center ("SEAMC") concerning Armour's negligence

claims in her medical-malpractice action. We affirm the circuit court's judgment.

I. Facts

On November 13, 2011, Armour presented to SEAMC's emergency room complaining about "intractable lower back pain" and "episodes of right flank pain for a few days with some numbness and weakness in her left leg." Her pain was so severe that it had induced nausea and vomiting. Armour was initially seen by emergency-room physician Dr. James Burrows. Dr. Burrows reported that, upon examination, Armour had "radiated pain" in her back and "vertebral tenderness ... at the L3, L4, and L5" locations, that her "left lower extremity illicits [sic] pain at 45 degrees," but that her "[c]irculation is intact in all extremities." Because Armour had a history of back pain with sciatica, and at least some of her symptoms seemed to be consistent with that issue, Armour was admitted to the neurosurgical department under the care of Dr. Chris Hargett.1

1The record reflects that "sciatica" is lower back pain involving spinal nerves that radiates into the legs.

Lab results received by the neurosurgical department revealed that Armour had "profound anemia."2 Dr. Hargett examined Armour and ordered an MRI (magnetic resonance imaging) scan which revealed evidence of a herniated disk. After reviewing the scan, Dr. Hargett and his neurology partner, Dr. Bruce Woodham, believed that the herniated disk did not warrant surgical intervention but, rather, outpatient epidural treatment. Dr. Hargett also ordered a CT (computed tomography) scan of Armour's chest, abdomen, and pelvis. The CT scan revealed no aneurysm or dissection in Armour's chest. However, it did show a "[n]onoccluding thrombus is present in the intraabdominal aorta."3 Dr. Hargett also ordered a consultation with a hospitalist, Dr. Thomas J. Barkley, because of Armour's history of diabetes and the finding of anemia. Dr. Barkley examined Armour the following day, November 14, 2011. Dr. Barkley noted Armour's complaints of pain in her right flank

2The record reflects that "anemia" is an iron deficiency in the blood.

3The record reflects that an "occlusion" is a blockage; with respect

to vascular anatomy, it involves the blockage of arteries that interferes with blood circulation. The record reflects that a "thrombus" is a blood clot.

and numbness and weakness in her left leg. His initial impression was that the left-leg numbness could be due to "lumbar disk disease," but he noted that evaluation of that condition was ongoing with Dr. Hargett. Armour was kept at SEAMC for another day for further testing and evaluation. On November 15, 2011, Armour's care was turned over to Dr.

Barkley from Dr. Hargett for discharge once it had been determined that Armour's herniated disk did not warrant surgical treatment. In his discharge notes, Dr. Barkley observed that the CT scan showed that "[t]here was ... a small area of nonoccluding thrombus within the intraabdominal aorta, but no evidence of aneurysm or any other significant findings were noted there." He recommended a follow-up CT scan in four to six months. Dr. Barkley also noted that Armour "did have some numbness and cramping in her left leg that was thought possible due to the lumbar disc disease." On November 28, 2011, Armour was readmitted to SEAMC's emergency room because, according to the discharge summary for that visit, she had "two weeks of ischemic symptoms in her left leg. She had

compartment syndrome and foot drop upon presentation."4 Following a CT angiogram, it was determined that Armour had "an occlusion of her popliteal artery."5 Aggressive efforts were taken to salvage Armour's left leg, but it was determined that "her ischemia was too advanced for functional limb salvage." Consequently, an above-the-knee amputation of Armour's left leg was performed. On August 7, 2013, Armour commenced an action in the Houston Circuit Court against SEAMC and Dr. Barkley, alleging that SEAMC and Dr. Barkley had

"negligently caused or negligently allowed [Armour's] left leg to suffer circulatory compromise that led to her loss of this leg. [SEAMC and Dr. Barkley] failed to properly evaluate [Armour's] leg and a large knot on her left calf during her hospitalization on November 13, 2011. [Armour's] CT scan at that prior hospitalization showed moderate aortic thrombus and she had left leg pain and numbness. [SEAMC and Dr. Barkley] negligently failed to properly and adequately evaluate [Armour] for left leg occlusion and failed to initiate anti-coagulant therapy which should have been done under the standard of care for this condition. … As a proximate consequence of [SEAMC's and Dr. Barkley's] negligent acts and omissions, [Armour] went without necessary anticoagulation and attention which resulted in severe ischemic

4The record reflects that "ischemia" is lack of oxygen and blood flow to organs or tissue. 5The record reflects that the popliteal artery is located behind the kneecap.

changes and necrosis in her left leg[6] between her admission on November 13, 2011, her discharge, and the readmission to the hospital; she suffered the amputation of her left leg; she was caused to suffer severe physical pain and mental anguish; she has required rehabilitative therapy and devices for her left leg; she has required extensive medical treatment and she has been permanently injured."

On September 11, 2013, SEAMC and Dr. Barkley filed separate answers to Armour's complaint in which they denied every material allegation and asserted various affirmative defenses. On July 8, 2016, Armour filed a motion to voluntarily dismiss her claims against Dr. Barkley. The motion specified that her claims remained pending against SEAMC for Dr. Barkley's alleged negligence.7 On the same date, the circuit court granted Armour's motion and dismissed Dr. Barkley as a defendant in the action. On March 20, 2025, SEAMC filed a summary-judgment motion in which it contended that Armour had not produced substantial evidence demonstrating that Dr. Barkley's alleged breaches of the standard of care proximately caused Armour's leg amputation.

6The record reflects that "necrosis" is dead tissue that is caused by lack of oxygen. 7It is undisputed that Dr. Barkley was an employee of SEAMC at the time he treated Armour.

On May 9, 2025, Armour filed a response in opposition to SEAMC's summary-judgment motion in which she contended that the testimony from her medical expert, Dr. Susan Smith, sufficiently established that, if Dr. Barkley had properly evaluated and cared for Armour, the blood clot that led to her left-leg amputation would have been discovered in sufficient time for her leg to be saved. On June 6, 2025, the circuit court granted SEAMC's summary-

judgment motion, stating as its reason that "the court is of the opinion that [Armour] cannot prove causation." Armour filed a timely appeal.

II. Standard of Review

"We review a summary judgment de novo. Potter v. First Real Estate Co., 844 So. 2d 540, 545 (Ala. 2002) (citing American Liberty Ins. Co. v. AmSouth Bank, 825 So. 2d 786 (Ala. 2002)).

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