Pitalo v. GPCH-GP, Inc., et al.
| Docket Number: | 2005-CA-00012-SCT Linked Case(s): 2005-CA-00012-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-04-2006 Opinion Author: Waller, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Medical malpractice - Written notice - Section 15-1-36(15) Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Easley and Graves, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 10-25-2004 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: Granted Appellee's Motion to Dismiss Case Number: A2401-2003-316 |
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| Party Name: | Attorney Name: | |||
| Appellant: | LAVON KAY PITALO
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DAVID C. MORRISON |
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| Appellee: | GPCH-GP, INC. d/b/a GARDEN PARK MEDICAL CENTER, AND DR. RONALD GRAHAM | WILLIAM E. WHITFIELD, III, GEORGE F. BLOSS, III, MARY MARGARET ALEXANDER |
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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 - Written notice - Section 15-1-36(15) |
| Summary of the Facts: | Lavon Pitalo filed a lawsuit against Dr. Ronald Graham and Garden Park Memorial Center alleging negligence in their ignoring her numerous complaints of chest pain and their failure to examine her before releasing her from the hospital. Dr. Graham and Garden Park filed Motions to Dismiss based on the statute of limitations, notice of claim, and failure of Pitalo to file the required certificate with her complaint. The court granted the motions, and Pitalo appeals. |
| Summary of Opinion Analysis: | Pitalo argues it was error for the court to dismiss her cause of action because she failed to send a letter to the defendant as provided in section 15-1-36(15). Section 15-1-36 was amended in the special session of the Mississippi Legislature on tort reform in 2002. Section 15 was added and became effective January 1, 2003. It requires that an action based on professional negligence of a health care provider may not begin unless the defendant has been given at least 60 days prior written notice of the intention to begin the action. When drafting section 15-1-36(15), the Legislature did not incorporate any given exceptions to this rule which would alleviate the prerequisite condition of prior written notice. Pitalo’s failure to send notice of her intent to sue clearly violates the mandatory instructions concerning notice. |
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