Howell v. Garden Park Cmty. Hosp.
| Docket Number: | 2007-CA-00726-COA Linked Case(s): 2007-CA-00726-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Statute of limitations - Section 15-1-49(1) - Section 15-1-36 Judge(s) Concurring: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Non Participating Judge(s): Irving, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 04-04-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: SUMMARY JUDGMENT IN FAVOR OF GARDEN PARK COMMUNITY HOSPITAL Case Number: A2401-2006-407 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | PATRICIA HOWELL |
RICKY O. AMOS |
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| Appellee: | GARDEN PARK COMMUNITY HOSPITAL AND UNNAMED EMPLOYEES OF GARDEN PARK COMMUNITY HOSPITAL | WILLIAM E. WHITFIELD, KAARA L. LIND | ||
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| Topic: | Personal injury - Statute of limitations - Section 15-1-49(1) - Section 15-1-36 |
| Summary of the Facts: | Patricia Howell was injured after falling from an x-ray table at Garden Park Community Hospital. Howell filed suit as a result of her injuries. The court granted Garden Park’s motion to dismiss, finding that the suit was a medical malpractice action and the two-year statute of limitations applied. Howell appeals. |
| Summary of Opinion Analysis: | Howell argues that Garden Park was negligent in failing to inspect its x-ray table and to maintain its x-ray table in a safe operating condition and therefore, the action falls squarely within the three-year statute of limitations found in section 15-1-49(1), rather than a malpractice action, which provides only a two-year statute of limitations. Garden Park cites to the Louisiana case, Coleman v. Deno, 813 So. 2d 303, 315-16 (La. Jan. 25, 2002), in support of its argument that this case should be considered malpractice. The six Coleman factors, which help determine whether a tort action falls under the Louisiana Medical Malpractice Act, include whether the particular wrong is “treatment related” or caused by a dereliction of professional skill; whether the wrong requires expert medical evidence to determine whether the appropriate standard of care was breached; whether the pertinent act or omission involved assessment of the patient's condition; whether an incident occurred in the context of a physician-patient relationship, or was within the scope of activities which a hospital is licensed to perform; whether the injury would have occurred if the patient had not sought treatment; and whether the tort alleged was intentional. Using the six Coleman factors for guidance, this claim fits squarely under section 15-1-36. Howell was admitted to Garden Park in order to have tests and x-rays done for a proper diagnosis. Therefore, Howell’s fall from the x-ray table was within the scope of activities Garden Park was licensed to perform. Howell’s injury would not have occurred had she not sought diagnosis and treatment, as the fall occurred as she was preparing to undergo an x-ray procedure. None of the acts of alleged negligence were intentional in nature. Therefore, the cause of action has a two-year statute of limitations that expired before suit was filed in this case. |
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