McKeown v. Pitcock
| Docket Number: | 2010-CA-00641-COA Linked Case(s): 2010-CA-00641-COA2010-CT-00641-SCT |
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| Oral Argument: | 03-23-2011 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-26-2011 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Wrongful death - Death certificate - Exclusion of cause of death - Section 41-57-9 - M.R.E. 401 - M.R.E. 403 - M.R.E. 702 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts and Russell, JJ. Judge(s) Concurring Separately: Maxwell, J., specially concurs with separate written opinion joined by Roberts and Russell, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Jury Trial Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 03-24-2010 Appealed from: Union County Circuit Court Judge: Robert Elliott Disposition: EXCLUDED DEATH CERTIFICATE FROM EVIDENCE AND ENTERED JURY VERDICT JUDGMENT FOR DEFENDANT/APPELLEE Case Number: U-2005-302 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Donald McKeown, Individually and as Personal Representative of the Decedent, Janice McKeown, for and on Behalf of all Wrongful Death Beneficiaries and as Administrator of the Estate of Janice McKeown, Deceased |
SIDNEY RAY HILL III |
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| Appellee: | Robert V. Pitcock, M.D. | DIANE V. PRADAT, L. CARL HAGWOOD, JOHN MICHAEL COLEMAN, BRADLEY K. OVERCASH | ||
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| Topic: | Wrongful death - Death certificate - Exclusion of cause of death - Section 41-57-9 - M.R.E. 401 - M.R.E. 403 - M.R.E. 702 |
| Summary of the Facts: | Donald McKeown, individually and as personal representative of the estate of Janice McKeown, filed a wrongful-death suit against Dr. Pitcock; Baptist Hospital; Nurse Estes, C.N.F.P; North Mississippi Medical Clinics, Inc. d/b/a New Albany Medical Clinic; and Dale Wing, M.D., alleging that these medical providers had breached the standard of care in failing to diagnose and treat Janice’s serious heart condition, and he claimed that said breach had caused Janice’s death. Baptist Hospital and Dr. Wing were voluntarily dismissed from the case. Prior to proceeding to trial, the circuit court held a hearing on all pending motions in limine, including the defendants’ motion to exclude the cause of death listed on the death certificate. The circuit judge granted the motion to exclude the cause of death listed on the death certificate, but he allowed the remaining information on the death certificate to be admitted into evidence. After a trial, the jury found that Dr. Pitcock had violated the standard of care in treating Janice. However, the jury did not find that this breach of the standard of care caused Janice’s death. The jury also found that Nurse Estes did not violate the standard of care in her treatment of Janice. Based on the jury verdict, the circuit court entered its judgment in favor of the defendants. Donald filed a motion for a new trial on the issues of causation and damages only as to his claims against Dr. Pitcock, based on the court’s exclusion of the cause of death listed on the death certificate. The court denied the motion, and Donald appeals. |
| Summary of Opinion Analysis: | Donald argues that the circuit court erred by excluding the cause of death listed in Janice’s death certificate, citing section 41-57-9 and a recent Mississippi Supreme Court opinion, Birkhead v. State, 57 So. 3d 1223 (Miss. 2011), as authority. The record shows that the circuit court excluded the cause of death listed in the death certificate because of the determination that Deputy Coroner Bumpas was not qualified to give an opinion regarding the cause of death. The defense argues that even though section 41-57-9 provides that death certificates are admissible, the circuit judge still serves as the gatekeeper to evaluate prejudice relative to M.R.E. 401 and 403, and the qualification of an expert. Donald claims that under section 41-57-9, the circuit court should have allowed the entire death certificate into evidence, and then the court should have allowed Dr. Pitcock the opportunity to rebut this prima facie evidence and, ultimately, allow the jury to decide the issue of causation. The record shows that Donald testified that Deputy Coroner Bumpas told him that Janice had died of a massive heart attack. After objections from the defense, the circuit judge cautioned the jury that Deputy Coroner Bumpas lacked the experience or qualifications to determine the cause of death, and the court instructed the jury that Donald’s testimony was not to be considered as evidence of Janice’s cause of death. Also, Donald called two expert witnesses to testify as to the circumstances of Janice’s death. The nurse practitioner’s testimony showed that Janice’s symptoms appeared consistent with those of heart disease. An expert witness in the field of emergency medicine and care testified that he believed that Janice had suffered from heart disease. Thus, Donald’s theory that Janice had died of heart failure was indeed placed before the jury through his own testimony and also the testimonies of these two expert witnesses, and there was no abuse of discretion in the circuit court’s admission of evidence as to cause of death through Donald’s and the expert witnesses’ testimonies. Donald relies upon section 41-57-9 in arguing that the death certificate must be admitted into evidence without regard to the Mississippi Rules of Evidence. However, the circuit court committed no error in applying the Mississippi Rules of Evidence in evaluating the admissibility of the death certificate as a record of vital statistic. The circuit court dealt with the application of M.R.E. 702 to the deputy coroner’s opinion as to the cause of death. |
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