Braswell v. Stinnett
| Docket Number: | 2009-CT-02000-SCT Linked Case(s): 2009-CA-02000-COA ; 2009-CA-02000-COA ; 2009-CT-02000-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-18-2012 Opinion Author: Dickinson, P.J. Holding: Court of Appeals reversed; Circuit court reinstated and affirmed. |
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| Additional Case Information: |
Topic: Medical malpractice - Expert testimony - Standard of care Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Concurs in Result Only: King, J. Procedural History: Directed Verdict Nature of the Case: CIVIL - MEDICAL MALPRACTICE Writ of Certiorari: Granted |
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| Trial Court: |
Date of Trial Judgment: 11-07-2009 Appealed from: Marshall County Circuit Court Judge: Henry L. Lackey Disposition: DIRECTED VERDICT FOR DEFENDANT Case Number: M2007-066 |
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| Note: | The Supreme Court found that the Appellant's expert witness failed to establish the proper standard of care and it reinstated the directed verdict. The original court of appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO70219.pdf . | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bennie E. Braswell, Jr. |
SHIRLEY C. BYERS |
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| Appellee: | Beth Stinnett, D.D.S., Individually and d/b/a Family Dentistry | DARRELL E. BAKER, JR. RICHARD D. UNDERWOOD MICHAEL JASON MARTIN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Medical malpractice - Expert testimony - Standard of care |
| Summary of the Facts: | Bennie Braswell filed suit against his dentist, Dr. Beth Stinnett, claiming she negligently administered anesthesia, resulting in pain, swelling, and nerve damage. The trial court granted the dentist a directed verdict because the patient’s expert failed to state the applicable standard of care. The Court of Appeals reversed and remanded. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | To establish dental malpractice, a plaintiff must produce expert testimony to establish the requisite standard of care and that the defendant failed to conform to the standard. Braswell employed an oral and maxillofacial surgeon to give expert testimony at trial. A review of the expert’s testimony shows that he failed to establish the requisite standard of care or a breach of it. A plaintiff to establish – through a qualified expert – what is required of a minimally competent dentist, whose skills and knowledge are sufficient to meet the licensure or certification requirements for the profession or specialty practiced. Dentists are not required to do what is generally done, or what the average dentist would do. And our law does not require dentists to conform to a vague, subjective standard such as good dental practice. Thus, the trial court did not err in granting a directed verdict in the defendant’s favor. |
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