Johnson v. St. Dominics - Jackson Mem'l Hosp.
| Docket Number: | 2006-CA-01696-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-25-2007 Opinion Author: WALLER, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical malpractice - Sufficiency of evidence - Reconvening the jury - M.R.E. 606(b) Judge(s) Concurring: SMITH, C.J., DIAZ, P.J., EASLEY, CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ. Concurs in Result Only: GRAVES, J. Procedural History: Jury Trial Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 06-14-2006 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: Court entered judgment in favor of appellee after jury returned verdict in favor of Appellee Case Number: 251-04-000892-CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BOBBIE JOHNSON |
HIAWATHA NORTHINGTON, II |
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| Appellee: | ST. DOMINICS - JACKSON MEMORIAL HOSPITAL | SHARON F. BRIDGES JOHN E. WADE, JR. JONATHAN R. WERNE | ||
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 - Sufficiency of evidence - Reconvening the jury - M.R.E. 606(b) |
| Summary of the Facts: | Bobbie Johnson filed suit against St. Dominic-Jackson Memorial Hospital alleging the negligence of its nurse in administering a shot which caused necrosis in an area of her soft tissue and, after treatment, left a scar and caused her pain and suffering. The court entered judgment in favor of St. Dominic, consistent with the jury’s verdict. Johnson appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Johnson argues that St. Dominic was negligent, through its nurse Kattie Minor, by using the wrong length needle and failing to utilize the “z-track” method in administering the phenergen injection to Johnson, which resulted in a wound, further medical treatment, and ultimately a permanent scar. The nurse initially stated during her deposition that she used a one-inch needle. At trial, she testified that her deposition testimony was incorrect and she actually used a one-and-one-half-inch needle. St. Dominic provided testimony that a one-and-one-half-inch needle was the standard of care and the only size needle dispensed on that unit. With regard to the z-track injection method, Johnson’s expert testified that even if the nurse in question had used the z-track technique advocated by Johnson, the patient could not have been assured a different outcome. Thus, sufficient testimony supported the jury’s verdict for St. Dominic. Issue 2: Reconvening the jury Johnson argues that an electronic communication sent by the jury foreman to the circuit court judge after the trial raised proper questions that required the trial court to reconvene the jury. Inquiries into the validity of verdicts are governed by M.R.E. 606(b), which provides that a juror may not impeach a verdict by using thought processes or discourses which may have contributed to a verdict. Rule 606(b) has been interpreted as prohibiting consideration of any evidence from a juror by affidavit or any other form of communication that would invite the court to examine the deliberations of a jury. Public policy does not support an attack on jury verdicts on the grounds of a supposed need to determine how the jury deliberated or what the jury was thinking. The email a juror sent to the circuit court judge after the trial concluded indicated that the jury may have misinterpreted an instruction. Such a concern does not, as Johnson claims, represent that the jury verdict was not rendered as intended. Indeed, the email indicates that the foreman believed it was possible there was a misinterpretation, a speculation that is impermissible under Rule 606(b). Mississippi law is well-settled on this point -- jurors may not impeach their own verdicts on the basis of their mental processes or deliberations. |
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