Corey, et al. v. Skelton
| Docket Number: | 2001-CA-00730-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-09-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Tort Claims Act - Employment status - Liability insurance - Constitutionality of section 11-46-7(2) Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ. Easley, J., Concurs in Part. J., CONCURS IN PART Non Participating Judge(s): Graves, J. Dissenting Author : McRae, P.J., and Diaz, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 03-19-2001 Appealed from: Hinds County Circuit Court Judge: James E. Graves, Jr. Disposition: Granted summary judgment in favor of the Appellee. Case Number: 251-98-119-CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Craig Corey, Individually, and as Administrator of the Estate of Inda Lewis, and on Behalf of all Wrongful Death Beneficiaries of Inda Lewis, Deceased |
CYNTHIA A. LANGSTON
JOHN D. GIDDENS |
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| Appellee: | Dr. Tom Skelton | JOHN MICHAEL COLEMAN JOSEPH L. McNAMARA |
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| Topic: | Tort Claims Act - Employment status - Liability insurance - Constitutionality of section 11-46-7(2) |
| Summary of the Facts: | Craig Corey filed a complaint against The University Hospitals and Clinics, the University of Mississippi Medical Center, and Dr. Tom Skelton, alleging that Inda Lewis's death was a result of the substandard care she received from Dr. Skelton and UMMC employees. Dr. Skelton filed a motion for summary judgment which the court granted. The court certified the judgment as final under Miss. R. Civ. P. 54(b). Corey appeals. |
| Summary of Opinion Analysis: | Issue 1: Employment status Corey argues that Dr. Skelton was an independent contractor. The test to determine whether state employed physicians should be granted immunity includes the nature of the function performed by the employee; the extent of the state’s interest and involvement in the function; the degree of control and direction exercised by the state over the employee; whether the act complained of involved the use of judgment and discretion; and whether the physician receives compensation, either directly or indirectly, from the patient for professional services rendered. The nature of the function performed by Dr. Skelton was supervisory. The State has a compelling interest in maintaining such an educational environment provided by Dr. Skelton, and the direction and control UMMC maintains over its employees is great. Lewis was a Medicaid patient, and doctors do not receive direct payment from Medicaid patients. Given these factors, the court correctly found that Dr. Skelton is an employee of UMMC. Issue 2: Liability insurance Corey argues that the Estate is entitled to compensation since Dr. Skelton has a medical malpractice policy. The existence of professional liability insurance does not waive a state employee’s immunity. Issue 3: Constitutionality of section 11-46-7(2) Corey attacks the constitutionality of section 11-46-7(2). However, he has failed to comply with Miss. R. Civ. P. 24(d) or M.R.A.P. 44. His failure to raise the issue before the trial court or to notify the Attorney General's office of his challenge of the statute acts as a procedural bar. |
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