Joiner v. Phillips, et al.
| Docket Number: | 2005-CA-00923-COA Linked Case(s): 2005-CA-00923-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-05-2006 Opinion Author: SOUTHWICK, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical malpractice - Statute of limitations - Discovery rule - Fictitious parties - M.R.C.P. 9(h) - M.R.C.P. 15(c) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 03-01-2005 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: SUMMARY JUDGMENT Case Number: 251-98-832CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | DAISY D. JOINER |
BETTY RUTLAND TODD |
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| Appellee: | EDWARD (ED) K. PHILLIPS, M.D. AND RADIOLOGICAL GROUP, P.A. | JOHN W. CHAPMAN, JAN F. GADOW |
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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 - Statute of limitations - Discovery rule - Fictitious parties - M.R.C.P. 9(h) - M.R.C.P. 15(c) |
| Summary of the Facts: | On August 11, 1998, Daisy Joiner filed suit against Dr. Thomas Wiley and Dr. John Wooley for malpractice. In addition to those named as defendants, unknown additional medical professionals were listed under the generic names of John and Jane Does. Two years after the complaint was filed, the plaintiff sought leave to add Dr. Ed Phillips and the Radiological Group at which he worked. The court granted the motion, and Joiner filed an amended complaint naming Dr. Phillips and Radiological Group as defendants. In 2004, Dr. Phillips and Radiological Group filed a motion for summary judgment based on the affirmative defense of the statute of limitations. The court granted judgment to these two defendants and determined that the judgment was final as to these parties, as there was no just reason for delay under M.R.C.P. 54(b). |
| Summary of Opinion Analysis: | Joiner argues that the court erred as a matter of law in finding that Joiner’s cause of action accrued no later than August 22, 1996, and that the statute of limitation ran on August 23, 1998, and that she was unaware of causative negligence by Dr. Phillips until late spring of 2000. The discovery rule has been applied to begin the statute of limitations when the patient can reasonably be held to have knowledge of the injury itself, the cause of the injury, and the causative relationship between the injury and the conduct of the medical practitioner. The discovery rule does not apply to known, non-latent injuries. Joiner had a known, meaning a non-latent injury, and she had access to medical records on August 22, 1996. Dr. Phillips was clearly identified on the medical records as the reporting radiologist. No investigatory work was undertaken to ascertain what involvement Dr. Phillips may have had in contributing to Joiner’s injury until almost two years after Joiner knew of her injury. Joiner alternatively argues that her claim against Dr. Philips relates back to the original complaint under M.R.C.P. 9(h) & 15(c). Plaintiffs cannot take their time in pursuing their rights but must be diligent to inquire about the identity of a party for relation back to apply. Joiner was never ignorant of the identity of Dr. Phillips or the Radiological Group. |
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