Lander v. Singing River Hosp. Sys., et al.
| Docket Number: | 2004-CA-02345-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: LEE, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Medical malpractice - Breach of duty Judge(s) Concurring: KING, C.J., MYERS, P.J., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
|
| Trial Court: |
Date of Trial Judgment: 11-03-2004 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: VERDICT FOR APPELLEE Case Number: CI-2001-00,308 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | GERALD LANDER |
SUSANNAH ROSS COOLEY, DAVID A. BOWLING |
||
| Appellee: | SINGING RIVER HOSPITAL SYSTEM; OCEAN SPRINGS HOSPITAL | HOWARD LAMOYNE SMITH, BRETT K. WILLIAMS, THOMAS L. MUSSELMAN |
|
|
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. |
|
| Topic: | Medical malpractice - Breach of duty |
| Summary of the Facts: | Gerald Lander filed suit against Ocean Springs Hospital and Singing River Hospital System due to injuries sustained while Lander was being treated at Ocean Springs Hospital. The trial court entered a judgment in favor of the Hospital, and Lander appeals. |
| Summary of Opinion Analysis: | Lander argues that the court erred in finding that Lander failed to prove that the Hospital breached its duty to him. Lander argues that the Hospital was negligent in leaving IV number four in his arm for approximately ninety-six hours, resulting in infection and necessitating surgery. However, there was testimony that nurses must use discretion in deciding whether to remove an IV, as the veins of some patients, such as Lander, were difficult to puncture. Lander also argues that the court erroneously found that IV number one was the source of the infection. However, expert testimony supports the court’s finding that the abscess resulted from IV number one. Lander also argues that, even if IV number one produced the abscess, the court erred in failing to find that the Hospital was negligent in treating the infection. This assertion is simply not supported by the record. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
