Powell v. Methodist Health Care-Jackson Hosp.
| Docket Number: | 2001-CT-01881-SCT Linked Case(s): 2001-CA-01881-COA ; 2001-CA-01881-COA ; 2001-CT-01881-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-01-2004 Opinion Author: Smith, C.J. Holding: Affirmed both the court of appeals and trial court. |
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| Additional Case Information: |
Topic: Medical malpractice - Expert testimony - Proximate causation - Res ipsa loquitur Judge(s) Concurring: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Dissenting Author : Easley, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 11-01-2001 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Granted Appellee's motion for summary judgment. Case Number: 251-99-1112CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Regina Powell and Thomas Powell |
LANCE L. STEVENS
J. STEPHEN WRIGHT |
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| Appellee: | Methodist Health Care-Jackson Hospitals | HEBER S. SIMMONS, III TINA LORRAINE NICHOLSON |
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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 - Expert testimony - Proximate causation - Res ipsa loquitur |
| Summary of the Facts: | Regina Powell and her husband, Thomas, filed suit against Methodist Health Care-Jackson Hospitals, alleging that Powell had suffered an injury to her leg and foot during surgery to remove her gall bladder. The court granted Methodist’s motion for summary judgment. Powell appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Negligence can be proven in a medical malpractice action only where the plaintiff presents medical testimony establishing that the defendant physician failed to use ordinary skill and care. Moreover, a plaintiff claiming medical malpractice must show that there is a causal connection between the injury and the defendant’s conduct or acts. Powell presented medical testimony through her expert, Dr. Alexander, who plainly stated that the operating table strap probably did not cause Powell’s injury. His testimony made no mention of any deviation from Methodist’s standard of care. In addition, Powell failed to show a causal connection between her injuries and Methodist’s acts or conduct. Finally, the doctrine of res ipsa loquitur does not apply in this case since there was no evidence that the result of the injury was not a result of some voluntary act on Powell’s part. |
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