Cantrell v. Green, et al.
| Docket Number: | 2006-CA-00025-COA Linked Case(s): 2006-CT-00025-SCT ; 2006-CA-00025-COA ; 2006-CT-00025-SCT ; 2006-CT-00025-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-04-2007 Opinion Author: MYERS, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Medical malpractice - Breach of standard of care - Battle of experts Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING AND ISHEE, JJ. Non Participating Judge(s): GRIFFIS AND ROBERTS, JJ. Dissenting Author : CARLTON, J. Dissent Joined By : CHANDLER AND BARNES, JJ Procedural History: Directed Verdict Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 12-06-2005 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: DEFENDANTS’ MOTION FOR DIRECTED VERDICT GRANTED Case Number: 02-CV-075B |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | HARRIET CANTRELL |
JAMES M. MARS
T. JACKSON LYONS |
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| Appellee: | JAMES GREEN, M.D. AND MERIDIAN ORTHOPAEDIC CLINIC | LONNIE D. BAILEY TOMMIE WILLIAMS |
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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 - Breach of standard of care - Battle of experts |
| Summary of the Facts: | Harriet Cantrell brought suit against James Green, M.D. and Meridian Orthopaedic Clinic, alleging that her post-operative care following her hip replacement surgery fell below the standard of care. After the close of Cantrell’s case-in-chief, MOC and Dr. Green moved for a directed verdict and the motion was granted. Cantrell appeals. |
| Summary of Opinion Analysis: | In order to establish a prima facie case of medical negligence, a plaintiff has to produce substantial evidence of the existence of a physician-patient relationship, expert testimony as to the relevant professional standard of care, expert testimony that the physician’s conduct fell below the relevant standard of care, an injury to the plaintiff resulting from the physician’s breach of the standard of care, and damages. MOC’s and Dr. Green’s motion for a directed verdict was granted because the court found that Cantrell presented no evidence in her case-in-chief substantiating that substandard postoperative care caused a thirty-degree FAC deformity existing on June 20, 2000, or even that such a deformity existed at the time of trial. The trial court further found that since her own expert testified that if the FAC deformity did not exist when Dr. Green last examined Cantrell then Dr. Green’s course of treatment did not fall below the standard of care. Cantrell performed a demonstration at trial showing that when she stood with her right foot flat on the floor, her left foot could not touch the ground. In order to stand with both feet on the ground, Cantrell had to bend her right knee and tilt her pelvis. Cantrell’s medical expert testified that although the two-centimeter LLD did not cause Cantrell’s FAC deformity, the failure of Dr. Green to communicate and instruct the physical therapist and the subsequent discontinuation of physical therapy after Cantrell’s surgery caused the FAC and that Dr. Green should have identified the FAC deformity. Considering the evidence presented during Cantrell’s case-in-chief, a reasonable jury could have returned a verdict in favor of Cantrell. Whether the FAC as demonstrated by Cantrell existed on June 20, 2000, essentially boils down to a battle of the experts. It is for the jury to determine the victor. |
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