Troupe v. McAuley, et al.
| Docket Number: | 2006-CA-00252-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-10-2007 Opinion Author: CARLSON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical malpractice - Expert witness - M.R.E. 702 Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, DICKINSON AND RANDOLPH, JJ. Dissenting Author : DIAZ, P.J., AND GRAVES, J. Procedural History: Bench Trial Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 01-23-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: Refused to Accept the Plaintiff's expert medical witness. Granted a directed verdict against Plaintiff. Entered a final judgment against Plaintiff. Case Number: 02-058(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHARLEAN TROUPE |
JAMES H. ARNOLD
JOHNNIE E. WALLS, JR.
JIM DAVIS HULL |
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| Appellee: | JAMES McAULEY, M.D., NORTH MISSISSIPPI MEDICAL CENTER, INC., NORTH MISSISSIPPI HEALTH SERVICES, INC., AND NORTH MISSISSIPPI SURGICAL CENTER, INC. | JANELLE MARIE LOWREY ROBERT K. UPCHURCH JOHN G. WHEELER WILLIAM DANIEL PRESTAGE |
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| Topic: | Medical malpractice - Expert witness - M.R.E. 702 |
| Summary of the Facts: | Charlean Troupe Bradley filed a complaint against Dr. James McAuley, North Mississippi Medical Center in Tupelo, Mississippi Methodist Rehabilitation Center Auxiliary, Inc., and “John Doe Person(s)” and “John Doe Entity(ies),” in the Circuit Court for the First Judicial District of Hinds County. MMRCA filed a motion to dismiss based on a failure to state a claim and failure to sue the correct entity. Dr. McAuley and NMMC filed a joint Motion for Change of Venue, or in the Alternative, to Sever and Change Venue. The court entered an Order Severing Claims and Transferring Venue, thereby transferring Troupe’s severed claims against Dr. McAuley and NMMC to the Lee County Circuit Court. Troupe added as party-defendants North Mississippi Health Services, Inc., North Mississippi Surgical Center, Inc., Dr. Robert Becker, and Dr. Etha Beasley. The trial judge eventually entered orders dismissing Dr. Becker and Dr. Beasley, with prejudice. NMMC, NMHS, and NMSC filed a Motion to Strike Plaintiff’s Designation of Expert Witnesses. Dr. McAuley filed a Joinder of the Defendant, James McAuley, M.D., in Motion of North Mississippi Medical Center, Inc., et al., to Strike Plaintiff’s Designation of Expert Witnesses. There is nothing in the record concerning the trial court’s disposition of these motions. After the plaintiff had presented her case-in-chief, the attorneys for Dr. McAuley and NMMC moved for a directed verdict which the judge granted. Troupe appeals. |
| Summary of Opinion Analysis: | Troupe argues that the court erred in refusing to accept her expert witness as an expert on the standard of care on the basis that a neurosurgeon cannot testify as to the standard of care owed by a neuro-otolaryngologist. There is no per se rule that Troupe’s expert had to be a neuro-otolaryngologist in order to be qualified to testify as an expert in this case. However, the expert had to demonstrate that he was sufficiently familiar with the standards of neuro-otolaryngology by knowledge, skill, experience, training, or education in accordance with M.R.E. 702. The expert was not board certified in otolaryngology or neuro-otolaryngology; he was board certified in neurosurgery. He last performed surgery in December 1999. At the time of Troupe’s surgery, he was not actively practicing medicine. He had no special training or experience in the field of otolaryngology or neuro-otolaryngology. He had never conducted middle ear surgery, had never had privileges at any hospital to conduct middle ear surgery, and was not qualified to conduct middle ear surgery. He did not hold himself out to be an expert in otolaryngology or neuro-otolaryngology. His curriculum vitae did not demonstrate any articles that he had written nor any presentations that he had given regarding otolaryngology or neuro-otolaryngology. Furthermore, Troupe tendered him as an expert in neurosurgery. Troupe’s counsel repeatedly asked the witness about his qualifications concerning the carotid artery. Dr. McAuley was not conducting surgery on Troupe’s carotid artery; he was conducting surgery on Troupe’s left middle ear. Therefore, the judge did not abuse his discretion in excluding this opinion testimony on the part of the expert. Without expert medical testimony, Troupe was unable to carry her required burden of proof in this medical malpractice case. Thus, the judge did not err in directing a verdict in favor of these defendants. |
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