Bickham v. Grant, et al.
| Docket Number: | 97-CT-01639-SCT Linked Case(s): 1997-CT-01639-SCT ; 97-CT-01639-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-11-2003 Opinion Author: McRae, P.J. Holding: COURT OF APPEALS' JUDGMENT AFFIRMED AND CASE REMANDED FOR NEW TRIAL AS TO THE CLAIMS ASSERTED AGAINST DOCTORS GRANT AND HARRIS AND RUSH MEDICAL GROUP, P.A. |
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| Additional Case Information: |
Topic: Medical malpractice - Standard of care instruction Judge(s) Concurring: Easley and Graves, JJ. Judge(s) Concurring Separately: Pittman, C.J., Specially Concurs with Separate Written Opinion Non Participating Judge(s): Diaz, J. Concur in Part, Dissent in Part 1: Cobb, J., Concur in Part, Dissent in Part Joined By 1: Smith, P.J., Waller and Carlson, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - MEDICAL MALPRACTICE Writ of Certiorari: Granted |
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| Trial Court: |
Date of Trial Judgment: 09-25-1997 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: AFTER A TRIAL, THE JURY ENTERED A VERDICT FOR ALL THE DEFENDANTS. Case Number: 93CV153 |
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| Note: | The Court of Appeals found that the trial court granted erroneous jury instructions regarding the standard of care, and the Supreme Court affirmed the Court of Appeals' reversal and remand for a new trial on damages. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Ruby Lorene Bickham, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham |
JAMES A. WILLIAMS |
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| Appellee: | Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A. | MARK P. CARAWAY WILLIAM B. CARTER |
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| Topic: | Medical malpractice - Standard of care instruction |
| Summary of the Facts: | The heirs and estate of Tamara Bickham, deceased, filed a medical negligence case against Dr. Fred Grant, Dr. John Harris, Rush Medical Group, P.A., and the Rush Foundation Hospital. The jury found for the defendants. The Court of Appeals initially affirmed but on motion of rehearing, withdrew its prior opinion and reversed and remanded for retrial limited to the Bickham's claims against Dr. Grant, Dr. Harris, and Rush Group. The Court of Appeals determined that the trial court had granted an erroneous jury instruction on the standard of care. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The defendants argue that the jury instruction merely instructed the jury on alternative treatments as evidenced by conflicting expert testimony. The instruction at issue instructed the jury to find for Drs. Grant and Harris if it found from the expert opinions that two or more alternative courses of action would be recognized by the profession as being proper and within the standard of care and that Drs. Grant and Harris, in the exercise of their best judgment, elected one of the proper alternatives. In Day v. Morrison, 657 So.2d 808 (Miss. 1995), the Supreme Court rejected "bona fide" or "good faith" judgment jury instructions in medical malpractice actions, because such instructions create confusion with the jury and subject physicians to a subjective and not an objective standard of care. The instruction at issue is a similar instruction. It provides a subjective standard of care, i.e., “in the exercise of their best judgment” standard of care, by the doctor regarding his own misdiagnosis which is clearly forbidden. |
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