Justia Medical Malpractice Opinion Summaries

This was an interlocutory appeal from the denial of a motion to sever and transfer venue. Plaintiffs Hattie Douglas, Kevin Hamlin, and the victim’s five siblings (collectively Plaintiffs) filed a complaint in circuit court against Sunshine Medical Clinic; Dr. Vibha Vig, in her official and personal capacities and Lisa Hoehn, nurse practitioner, in her official and personal capacities (collectively Defendants). The Plaintiffs alleged a medical-negligence and negligent-hiring cause of action against Defendants concerning the treatment and care of their minor son and brother, Kaddarius Douglas (Kaddarius) received before he died. Plaintiffs, in the same complaint, also brought claims against the Mississippi Crime Laboratory; Mississippi State Medical Examiners; Dr. Steven Hayne, in his official and personal capacities; Expertox, Inc.; and MedScreens, Inc. (Wrongful Incarceration Defendants) asserting that their acts and omissions in performing a postmortem examination and toxicological tests on Kaddarius's body, as well as in storing and handling blood and urine samples, caused the wrongful incarceration of Hattie Douglas for the murder of Kaddarius. All Defendants moved to have the trial court sever the claims and to transfer the claims against the Wrongful-Incarceration Defendants and to transfer the claims against the medical-negligence Defendants to another county court. The trial court denied the motion. All Defendants brought an interlocutory appeal to severe the two claims and transfer venue. Upon review, the Supreme Court concluded that the trial court erred in not severing and transferring the claims to their proper venues. The Court the circuit court's judgment and remanded the case for severance and transfer. View "Miss. Crime Lab. v. Douglas" on Justia Law

Bernice Conner filed a medical-negligence suit against Mid-South Retina, LLC. The County Court of Coahoma County originally granted summary judgment in favor of Mid-South, finding that Conner had failed to establish the necessary element of causation. The trial court then reversed its judgment upon reconsideration and denied Mid-South's motion for summary judgment. Aggrieved, Mid-South filed a petition for interlocutory appeal to the Supreme Court. In 2003, Mid-South Retina, LLC, and Dr. Brad Priester treated Bernice Conner for age-related macular degeneration. As part of Conner's treatment, she intravenously received Visudyne, a drug that aids in cold-laser therapy for macular degeneration. During Conner's second visit to Mid-South, Visudyne infiltrated the soft tissue around the injection site in the bend of Conner's elbow. Dr. Priester determined that enough Visudyne had entered Conner's bloodstream and proceeded with the cold-laser therapy. The therapy session continued without incident. Visudyne is a photodynamic drug, and tissue containing the drug can easily burn if exposed to sunlight. Dr. Priester testified that, because of this side effect, he ensured that Conner's elbow was sufficiently bandaged and covered prior to her leaving Mid-South. Shortly after leaving, Conner called Mid-South complaining that her arm was hurting. The next day, Dr. Priester contacted Conner, and she informed him that she was still in pain. Dr. Priester instructed her to go to an emergency room. Conner went to an emergency room and was referred to a general surgeon, who prescribed pain medication and antibiotics. Conner saw the surgeon two more times in 2003, and the surgeon noted that the injury on Conner's elbow measured less than one centimeter in size. Upon review of the case, the Supreme Court reversed the trial court's judgment denying Mid-South's motion for summary judgment and remanded the case back to the trial court finding genuine issues of material fact that still existed with regard to causation of Conner's pain. View "Mid-South Retina, LLC v. Conner" on Justia Law

The estate of Charles Harris filed a medical malpractice action against John Lee, M.D. and the Forest Family Practice Clinic. Days before trial, the estate tried to move the circuit court to transfer venue based on Dr. Lee's status in the community and his son's position as the local sheriff. The circuit court denied the estate's motion. In jury selection, the estate exercised only seven of its ten peremptory challenges. Ultimately the empaneled jury returned a verdict in favor of Dr. Lee and the clinic. On appeal, the estate argued multiple errors at trial pertaining to voir dire and to the court's jury instructions warranted a new trial. Upon review, the Supreme Court found certain jurors' lack of candor during voir dire, and subsequent disclosures and opinions that surfaced only during jury deliberations constituted misconduct that the trial court should have considered before denying the estate's motion to set aside the verdict. Therefore, the Court reversed the circuit court's denial of the estate's motion to set aside the verdict and remanded the case for a new trial. View "Merchant v. Forest Family Practice Clinic, PA" on Justia Law

Appellants Bobbi Young and Linda Carter, next of kin to Clarence Young, appealed an order of the circuit court that granted summary judgment in favor of Respondent Dr. Robert Smith and Baptist Memorial Hospital. On appeal, the Youngs argued that the circuit court abused its discretion in refusing to grant their "motion to withdraw admissions" filed seven years after the admissions were otherwise "conclusively established." Upon review, the Supreme Court found that the circuit court's ruling was well within its discretion under the Mississippi Rules of Civil Procedure. The Court further affirmed the circuit court's finding that no genuine issue of material fact remained regarding the Youngs' claims against Dr. Smith and the hospital, and affirmed the grant of summary judgment in the Doctor's favor. View "Young v. Smith" on Justia Law

After John Sykes died in the emergency room at Calhoun Health Services, his estate sued the hospital for wrongful death, claiming that Mr. Sykes should have been hooked up to a cardiac monitor. Mr. Sykes was admitted after complaining of chest pains. He did not appear to be in distress, was not short of breath and was not sweating. He denied having any other symptoms. Mr. Sykes would later be diagnosed with "severe cardiomegaly" and died of "sudden cardiac death" related to "severe. . . hypertensive heart disease." The trial judge held that the estate failed to prove that the hospital had deviated from an applicable standard of care, and failed to prove that use of the cardiac monitor would have made a difference for Mr. Sykes' care. The Supreme Court found that all of the estate's issues concerned factual determinations that were within the discretion of the trial court. The Court affirmed the trial court's judgment. View "Sykes v. Calhoun Health Services" on Justia Law