Justia Medical Malpractice Opinion Summaries

A woman experienced a difficult third pregnancy, complicated by multiple medical issues that warranted an early, medically induced labor. Before delivery, she signed a consent form authorizing her obstetrician to perform a vaginal delivery with possible laceration/episiotomy repairs and possible cesarean section. During labor, as the infant was crowning, she pleaded with her doctor not to perform an episiotomy, but the procedure was carried out. She later required reconstructive surgery due to complications from the episiotomy.She initiated legal action in the Hinds County Circuit Court against her obstetrician, the medical group, and other entities, alleging lack of informed consent and battery related to the episiotomy, along with other claims against additional defendants. Over time, the trial court issued a series of orders dismissing various claims and defendants, culminating in summary judgment for the obstetrician on the informed consent and battery claims, primarily due to the plaintiff’s failure to provide expert medical testimony. The plaintiff argued that expert testimony was unnecessary because she had withdrawn consent during labor, but the court disagreed.The Supreme Court of Mississippi reviewed the case. It held that while a medical procedure performed without consent may constitute battery and not require expert testimony, this scenario involved consent given prior to delivery and alleged withdrawal during labor. In such cases, it is necessary to prove that stopping the procedure was medically feasible and would not cause harm, which requires expert testimony. The Court affirmed the trial court’s summary judgment, finding that the plaintiff’s lack of expert evidence prevented her claims from proceeding, and upheld the trial court’s denial of reconsideration. View "Brown v. Davey-Sullivan" on Justia Law

A patient sought treatment at a state medical center for vision issues and was diagnosed with idiopathic intracranial hypertension. She initially chose medication over surgery but later agreed to undergo an optic-nerve sheath fenestration. Following continued vision decline, she received a shunt placement. Shortly after this procedure, she and her mother discussed concerns about her treatment, expressing suspicions that something had gone wrong and that she should seek care elsewhere. The patient continued follow-up visits at the center, but months later obtained a second medical opinion, which suggested prior care had been incorrect and provided an alternative diagnosis.The patient filed a notice of claim against the medical center more than a year after her suspicions of negligence but within a year of receiving the second opinion. She then filed suit for medical negligence. The University of Mississippi Medical Center moved for summary judgment in the Hinds County Circuit Court, arguing the claim was time barred under the Mississippi Tort Claims Act’s one-year statute of limitations. The trial court denied the motion, finding a genuine issue as to when the patient discovered the alleged negligence.The Supreme Court of Mississippi reviewed the denial of summary judgment de novo. It held that the statute of limitations began running when the patient first suspected negligent care, as shown by her own statements and those of her mother shortly after the shunt procedure, not when she received the second opinion. The court found no genuine issue of material fact that her suspicions triggered the limitations period, making her claim time barred. The court reversed the trial court’s decision and rendered summary judgment in favor of the medical center. View "University of Mississippi Medical Center v. Carter" on Justia Law

Mary Margaret Upchurch, who suffered from chronic back pain, underwent multiple surgeries involving spinal cord stimulators and pain pumps. In 2016, after moving to Mississippi, she had a pain pump replaced by Dr. Adam Lewis, a neurosurgeon at Jackson Neurosurgery Clinic. During surgery, Dr. Lewis attempted to replace the battery of her spinal cord stimulator with one from a different manufacturer, but encountered issues with the compatibility of the leads. This led to additional procedures, including a laminectomy and the eventual replacement of the stimulator, after which Mary experienced severe neurological complications, including paralysis. The Upchurches alleged that Dr. Lewis failed to properly prepare for surgery, did not obtain informed consent, and failed to communicate adequately with hospital staff.The case was tried in the Rankin County Circuit Court, where the jury found in favor of Dr. Lewis and Jackson Neurosurgery Clinic, concluding there was no negligence in Dr. Lewis’s care. The circuit court entered judgment on the jury’s verdict and denied the Upchurches’ motions for judgment notwithstanding the verdict and for a new trial. The Upchurches appealed, and the Mississippi Court of Appeals reversed the circuit court’s judgment, finding insufficient evidence supported the jury’s verdict and remanding the case for a new trial.The Supreme Court of Mississippi reviewed the case on certiorari. It held that the Upchurches’ failure to object to Dr. Lewis’s testimony at trial constituted waiver, and that his unobjected-to testimony should have been considered as evidence. The Court found sufficient evidence to support the jury’s verdict, reversed the Court of Appeals’ decision, and reinstated and affirmed the circuit court’s judgment in favor of Dr. Lewis and Jackson Neurosurgery Clinic. Additionally, the Court affirmed the circuit court’s order assessing appellate record costs against Dr. Lewis and the Clinic. View "Upchurch v. Lewis" on Justia Law

After Paula Denison was declared dead at a hospital in Meridian, Mississippi, her family consented to organ donation. She was transferred to a transplant facility, where it was later discovered that she was actually alive. Denison was then returned to the original hospital, where her condition deteriorated and she was pronounced dead the following day. Denison’s estate, through her daughter Brooke Denison as administratrix, and Brooke individually, brought separate lawsuits against the Mississippi Organ Recovery Agency, Dr. Shirley Schlessinger, and Dr. Dustin Shea Allen, among others, alleging claims such as negligence and infliction of emotional distress.In the Lauderdale County Circuit Court, the defendants moved to dismiss both complaints. In the estate’s case, the court granted dismissal based on the immunity provisions of the Revised Mississippi Uniform Anatomical Gift Act, finding the defendants acted in good faith and in reliance on the family’s authorization. In Brooke’s individual case, the court granted dismissal because her complaint did not allege that she was present or witnessed any negligent acts, thus failing to establish bystander liability. Brooke and the estate appealed these decisions.The Supreme Court of Mississippi consolidated the appeals. The Court held that the trial court erred by considering material outside the pleadings in the estate’s case without converting the motion to dismiss into a motion for summary judgment, and thus reversed and remanded that case for further proceedings. However, the Court found that Brooke’s individual allegations failed to meet the requirements for bystander liability under Mississippi law and affirmed the dismissal of her claims. The Court expressly declined to decide whether immunity under the Anatomical Gift Act applied, noting the need for further factual development. View "Denison v. Mississippi Organ Recovery Agency, Inc." on Justia Law

A woman with a complex medical history, including autoimmune hepatitis and cirrhosis, was admitted to a regional medical center with symptoms of weakness, nausea, and vomiting. After consultation and diagnostic imaging suggested gallstones and cholecystitis, a general surgeon evaluated her and determined she was not a surgical candidate due to end-stage liver disease. She was treated non-surgically, showed some improvement, and was discharged. Two days later, she was admitted to another hospital with sepsis and subsequently died from cardiopulmonary arrest due to urosepsis.Her daughter, on behalf of her wrongful-death beneficiaries, filed a medical malpractice suit against, among others, the general surgeon. The plaintiff sought to introduce a board-certified interventional radiologist as her medical expert, whose testimony suggested that the surgeon failed to meet the standard of care by not pursuing further diagnostic testing or recommending non-surgical interventions. The Washington County Circuit Court struck this expert’s testimony, holding that the radiologist was not qualified to testify about the standard of care for a general surgeon, and granted summary judgment for the surgeon.The Mississippi Court of Appeals reversed, finding that the circuit court abused its discretion in excluding the expert. Upon further review, the Supreme Court of Mississippi found that the trial court did not abuse its discretion under Mississippi Rule of Evidence 702 in excluding the expert’s testimony, as the expert did not demonstrate sufficient familiarity with the field of general surgery or with the relevant procedures. The Supreme Court reversed the Court of Appeals, reinstated, and affirmed the judgment of the circuit court, thereby upholding the exclusion of the expert testimony and the grant of summary judgment. View "Lee v. Doolittle" on Justia Law

Mitchell Glenn Revette sought medical care from Dr. Andrew Mallette at The Surgical Clinic Associates, P.A. for abdominal pain and underwent surgery for diverticulitis in June 2021. He later returned for a follow-up surgery in January 2022, after which he died due to complications related to respiratory depression. His wife, Nitkia Revette, brought a wrongful death and medical negligence lawsuit on behalf of his estate, alleging that negligent anesthesia and pain management led to his death.The defendants, Dr. Mallette and the Clinic, moved to compel arbitration based on an arbitration agreement included in an intake packet mailed to Mitchell. The agreement was signed "Mitchell Revette," but during a hearing in the Hinds County Circuit Court, Nitkia testified that she signed her husband’s name without his knowledge or presence, and she stated she had no authority to sign for him. The Clinic’s staff testified that patients were required to sign such agreements personally. The circuit court found that Mitchell did not sign the arbitration agreement and that Nitkia lacked authority to bind him, thus ruling the agreement unenforceable and denying the motion to compel arbitration.On appeal, the Supreme Court of Mississippi reviewed the circuit court’s findings, applying a deferential standard to factual determinations and de novo review to the denial of arbitration. The Supreme Court affirmed the circuit court’s decision, holding that substantial evidence supported the findings that Nitkia lacked both actual and apparent authority to sign for Mitchell and that there was no basis for binding the estate via direct-benefits estoppel. The case was remanded to the circuit court for further proceedings. View "Mallette v. Revette" on Justia Law

James Secrist, after recovering from COVID-19, began experiencing significant neurological symptoms, including leg weakness and inability to urinate. He was evaluated by various healthcare professionals at Rush Medical Foundation and Cardiovascular Institute of the South between March and June 2021. Ultimately, he was diagnosed with transverse myelitis attributed to COVID-19. James and his wife Dawn filed a medical malpractice suit against the involved healthcare providers, alleging negligence in failing to recognize and urgently address his worsening neurological condition.The case was brought in the Lauderdale County Circuit Court. The defendants moved to dismiss, asserting immunity under Mississippi Code Section 11-71-7, which provides legal immunity to healthcare professionals and facilities for acts or omissions related to healthcare services performed during the COVID-19 state of emergency. The circuit court found that the alleged negligent acts occurred during the COVID-19 state of emergency, that James’s condition was caused by COVID-19, and that the defendants’ actions were covered by the statutory immunity. The court therefore dismissed the complaint for failure to state a claim upon which relief could be granted.On appeal, the Supreme Court of Mississippi reviewed the statutory language and the facts alleged in the complaint de novo. The Supreme Court determined that Section 11-71-7 immunity applied because James’s injuries resulted from treatment for a condition caused by COVID-19 during the COVID-19 state of emergency. The court rejected plaintiffs’ arguments that the statute should be construed more narrowly to exclude these facts, and also found extrajurisdictional cases cited by plaintiffs to be distinguishable. The Supreme Court of Mississippi affirmed the Lauderdale County Circuit Court’s dismissal, holding that the defendants are immune from liability under Section 11-71-7. View "Secrist v. Rush Medical Foundation" on Justia Law

A patient underwent a laparoscopic bilateral tubal ligation and endometrial ablation performed by a physician at a women’s clinic. About a week after the procedure, she experienced severe abdominal pain and was hospitalized for sepsis. An exploratory surgery revealed a perforated small bowel, which was surgically repaired. The patient subsequently recovered.The patient filed a medical negligence lawsuit in the Hinds County Circuit Court against the clinic and the physician, attaching the required certificate of expert consultation to her complaint. The defendants moved for summary judgment, supporting their motion with an expert affidavit. The plaintiff did not timely file an expert affidavit or testimony in response. On the day before the scheduled summary judgment hearing, she filed a response without any expert affidavit. The circuit court denied the summary judgment motion and granted her an additional thirty days to obtain an expert affidavit. After she submitted an expert affidavit and a second hearing was held, the circuit court again denied summary judgment, finding that the competing expert affidavits created a genuine issue of material fact.On interlocutory appeal, the Supreme Court of Mississippi reviewed the circuit court’s denial of summary judgment de novo and its grant of additional time for abuse of discretion. The Supreme Court held that, in medical malpractice cases, a plaintiff must produce sworn expert testimony to survive summary judgment. The court found that the plaintiff failed to provide such testimony before the initial hearing and that the circuit court abused its discretion by granting additional time without a specific finding of diligence or good faith. The Supreme Court reversed the circuit court’s judgment and rendered summary judgment in favor of the defendants. View "Lakeland Premier Women's Clinic, PLLC v. Jackson" on Justia Law

Shannon Reed arrived at Baptist Memorial Hospital-Golden Triangle's emergency room with severe chest pain, nausea, shortness of breath, and numbness in his left arm. Dr. Keith McCoy ordered several tests, including EKGs and Troponin measurements. Despite Reed's fluctuating pain levels, he was discharged with a diagnosis of unspecified chest pain and instructions to follow up with a cardiologist. Reed died later that night. Oliver Miller, on behalf of Reed's wrongful-death beneficiaries, filed medical negligence claims against the hospital, United Emergency Services, and Dr. McCoy.The Lowndes County Circuit Court denied the defendants' motions for summary judgment, finding genuine issues of material fact for the jury to determine. The defendants argued that Miller's claims failed due to lack of causation, as affidavits from cardiologists indicated they would not have admitted Reed even if consulted. The court found that Miller's experts provided sufficient evidence of breaches in the standard of care that could have contributed to Reed's death.The Supreme Court of Mississippi reviewed the case and affirmed the circuit court's denial of summary judgment in part, while reversing and rendering in part. The court held that Miller failed to establish causation for the claim that Dr. McCoy should have admitted Reed to the hospital, as the on-call cardiologists would not have admitted him. However, the court found that Miller's other claims, including improper discharge and failure to report pain increase, presented genuine issues of material fact. The case was remanded to the Lowndes County Circuit Court for further proceedings. View "United Emergency Services of Mississippi, Inc. v. Miller" on Justia Law

Shanta Webster filed a complaint in the Grenada County Circuit Court against the University of Mississippi Medical Center-Grenada (UMMC-Grenada) and Drs. Aimee Watts and Kimberly Farmer, alleging medical negligence in the performance of a hysterectomy and post-operative care. Webster served the complaint to Dr. Watts, Dr. Farmer, and Dodie McElmurry, the CEO of UMMC-Grenada. The defendants requested an extension to answer the complaint and later claimed immunity under the Mississippi Tort Claims Act (MTCA). Webster argued that service of process was proper under Rule 4(d)(8) of the Mississippi Rules of Civil Procedure.The Grenada County Circuit Court dismissed the complaint, ruling that service of process was improper because it was not made to the Attorney General as required by Rule 4(d)(5) for state institutions. Webster appealed the dismissal, maintaining that UMMC-Grenada is a community hospital and that service on the CEO was sufficient.The Supreme Court of Mississippi reviewed the case de novo and upheld the trial court's decision. The court found that UMMC-Grenada is not a separate entity but a part of UMMC, a state institution. Therefore, service of process should have been made to the Attorney General under Rule 4(d)(5). Webster failed to serve the Attorney General within the 120-day period required by Rule 4(h), rendering the service invalid. Additionally, the court noted that Drs. Watts and Farmer, acting within the scope of their employment, were immune from personal liability under the MTCA.The Supreme Court of Mississippi affirmed the trial court's order of dismissal, concluding that proper service of process was not effected, and the individual defendants were immune from liability. View "Webster v. University of Mississippi Medical Center Grenada" on Justia Law