Justia Medical Malpractice Opinion Summaries

Lewis and Lisa Shelby filed a medical-malpractice action on behalf of the wrongful death beneficiaries of their son, Terrance Shelby. Shortly before trial, the trial judge dismissed the Shelbys for discovery violations, but he allowed Terrance’s brother, Demario Ferguson, to be substituted as the new wrongful-death plaintiff. After being substituted in the action, Ferguson admitted during his deposition that he previously had signed a false affidavit while the trial court was considering appropriate sanctions for the Shelbys’ conduct. The trial judge then dismissed the entire action. Ferguson appealed the dismissal, but finding no reversible error, the Supreme Court affirmed. View "Ferguson v. University of Mississippi Medical Center" on Justia Law

Marcia Marie sued her rheumatologist for malpractice. In a “battle of the experts” case, the trial court first denied a motion in limine by Marcia and her husband Donald Marie to exclude entries made by Dr. Dennis Boulware, a consulting physician, in his medical records and then denied the Maries’ Motion for Judgment Notwithstanding the Verdict (JNOV) after a judgment was entered in favor of the rheumatologist, Dr. Heather North and Gulfshore Medical Consultants. Finding that the trial court did not err, the Supreme Court affirmed. View "Marie v. North" on Justia Law