Powell v. Methodist Health Care-Jackson Hospitals
| Docket Number: | 2001-CA-01881-COA Linked Case(s): 2001-CT-01881-SCT ; 2001-CA-01881-COA ; 2001-CT-01881-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical malpractice - Standard of professional care - Proximate causation - Res ipsa loquitur Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 11-08-2001 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: SUMMARY JUDGMENT GRANTED Case Number: 251-99-1112CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Regina Powell and Thomas Powell |
J. STEPHEN WRIGHT
LANCE L. STEVEN |
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| Appellee: | Methodist Health Care-Jackson Hospitals | HEBER S. SIMMONS TINA LORRAINE NICHOLSON |
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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 - Standard of professional care - Proximate causation - Res ipsa loquitur |
| Summary of the Facts: | Regina Powell filed a suit against Methodist Healthcare-Jackson for medical malpractice and res ipsa loquitur alleging that Methodist, and/ or its nurses, attendants, or other personnel, were the direct and proximate or contributing cause of her left foot and lower leg injuries. Her husband joined the lawsuit, claiming loss of consortium as a result of his wife's injuries. Methodist filed a motion for summary judgment which the court granted. The Powells appeal. |
| Summary of Opinion Analysis: | Powell argues that there was a material fact regarding her claim that Methodist’s staff negligently strapped her down during her gall bladder surgery, which caused peroneal nerve entrapment. In a medical malpractice action, negligence cannot be established without medical testimony that the defendant failed to use ordinary skill and care. There must be both a showing of standard of professional practice and care and a showing of injury to the plaintiff that was proximately caused by deviation from this standard. Powell has not shown a standard of professional care or any deviation from any standard. She has only shown that she went into her gall bladder surgery without complaints of leg numbness and came out of the surgery with them. Powell also that the doctrine of res ipsa loquitur applies because an inference of negligence is raised. The doctrine of res ipsa loquitur requires that the matter must be within the common knowledge of laymen; the instrumentality causing the damage must be under the exclusive control of the defendant; the occurrence must be such as in the ordinary course of things would not happen if those in control of the instrumentality used proper care; and the occurrence must not be due to any voluntary act on the part of the plaintiff. The causes of peroneal nerve damage are not within the common knowledge of laymen; there is no showing of an instrumentality under the exclusive control of Methodist that caused damage to Powell; and Powell’s expert witness acknowledged that the type of injury sustained by Powell could have been from negligent or non-negligent causes. |
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