Cheeks v. Bio-Medical Applications, Inc.
| Docket Number: | 2003-CA-02301-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-04-2005 Opinion Author: Waller, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical malpractice - Expert testimony - M.R.E. 702 Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-19-2003 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: Madison County Circuit Court’s grant of summary judgment in favor of Bio- Medical Applications of Mississippi, Inc., Case Number: CI-2001-0037 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MATTIE CHEEKS, INDIVIDUALLY
AND AS ADMINISTRATRIX OF THE
ESTATE OF HENRY CHEEKS |
FRANK C. JONES, III, EDWARD BLACKMON, JR. |
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| Appellee: | BIO-MEDICAL APPLICATIONS, INC. | WILLIAM B. LOVETT, CHARLES T. OZIER |
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| Topic: | Medical malpractice - Expert testimony - M.R.E. 702 |
| Summary of the Facts: | Mattie Cheeks, individually, and as the Administratrix of the Estate of Henry Cheeks, filed suit against the Madison County Medical Clinic; three doctors, Edward Schwab, M.D., Alva Dillon, M.D., Sybil Raju, M.D.; and Fresenius Medical Care, alleging medical malpractice and wrongful death and requesting damages for Henry’s suffering and death, loss of enjoyment of life, loss of love, society and companionship, loss of relationship, severe permanent emotional distress and funeral expenses. Bio-Medical Applications of Mississippi, Inc., d/b/a Bio-Medical Applications of Canton a/k/a Central Dialysis Unit of Canton filed a response to the complaint, stating that Mattie had improperly identified it as Fresenius Medical Care and denying that it had been negligent in any manner. Mattie designated Ronald Myers, M. D., as her expert witness. After Dr. Myers gave a deposition and an opinion produced during discovery, Bio-Medical filed a motion to exclude and/or strike and for summary judgment. Bio-Medical’s motion was granted and certified as a final judgment under M.R.C.P. 54(b), and Mattie appeals. |
| Summary of Opinion Analysis: | In a medical malpractice action negligence cannot be established without medical testimony that the defendant failed to use ordinary skill and care. In order to testify, Dr. Myers, a family physician, must have been familiar with the standard of care to which a dialysis clinic, a nephrologist and a radiologist are held. Dr. Myers was not board certified in family practice or any other specialty; was not a member of the American Medical Association; was not on staff at any hospital and could not admit patients to any hospital; had no special training or experience in the field of nephrology; had never been inside a dialysis clinic in Mississippi; had never participated in a dialysis procedure; had never operated a dialysis machine; had never monitored a patient while he was receiving the actual dialysis treatment; relied on the expertise of a nephrologist when determining whether one of his patients was receiving the appropriate type of dialysis treatment or responding to the treatment as he should; had never inserted a gortex graft; had never seen a graft inserted into a patient; had never inserted a dialysis needle into a graft; had never inspected a graft which was implanted in a patient; had never recommended that a graft be replaced; was, by his own admission, not qualified to render opinions as to when or whether a graft should be replaced, because these medical opinions fall within a specialized area in which he had no experience or training; had never read any literature on the specific type of graft at issue; and did not know who manufactured the graft in question or the manufacturer’s recommendation as to the life of the graft. Even though Dr. Myers stated that Bio-Medical was negligent by not providing Henry with written instructions, he admitted that Henry did exactly what he should have done when he first began to experience the bleeding – apply pressure and then go to the emergency room if needed. Therefore, under M.R.E. 702, Dr. Myers did not have the specialized knowledge to assist the trier of fact to understand the evidence concerning the dialysis procedure or the condition of the graft. |
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