McAfee v. Galvez, et al.


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Docket Number: 2010-CA-01282-COA
Linked Case(s): 2010-CA-01282-COA ; 2010-CT-01282-SCT

Court of Appeals: Opinion Link
Opinion Date: 08-09-2011
Opinion Author: Griffis, P.J.
Holding: Affirmed

Additional Case Information: Topic: Medical malpractice - Citations to legal authority - M.R.A.P. 28(a)(1)(6) - Disclosure of identity of expert
Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ.
Non Participating Judge(s): Barnes, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - MEDICAL MALPRACTICE

Trial Court: Date of Trial Judgment: 06-28-2010
Appealed from: Rankin County Circuit Court
Judge: William E. Chapman, III
Disposition: SUMMARY JUDGMENT GRANTED FOR DEFENDANTS
Case Number: 2009-0327

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Ferdinand McAfee




BRANDON ISAAC DORSEY



 
  • Appellant #1 Brief

  • Appellee: Rodrigo Galvez, M.D. and Brentwood Behavioral Healthcare of Mississippi JOHN DAVID PRICE WHITMAN B. JOHNSON III ERIC REYNOLDS PRICE  

    Synopsis provided by:

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    Topic: Medical malpractice - Citations to legal authority - M.R.A.P. 28(a)(1)(6) - Disclosure of identity of expert

    Summary of the Facts: Ferdinand McAfee presented to St. Dominic Hospital, complaining that he was unable to sleep due to a Decadron shot he was given at an MEA Medical Clinic. He listed “mental illness” as his chief complaint on the intake form at St. Dominic. Because he refused to sign certain documents required for treatment, and apparently because he refused to leave the hospital’s waiting room, McAfee was removed from St. Dominic by an officer from the Jackson Police Department. The following day, upon recommendation of another JPD officer, McAfee voluntarily checked himself in to Brentwood Behavioral Healthcare of Mississippi for treatment. Dr. Rodrigo Galvez, McAfee’s treating psychiatrist at Brentwood, reported that McAfee was uncooperative. He was placed on a legal hold at Brentwood for seventy-two hours. He was later discharged at his insistence and against medical advice. McAfee filed suit against Brentwood and Dr. Galvez. Dr. Galvez and Brentwood each filed motions for summary judgment. McAfee did not respond to the motions, and he failed to appear at the hearing held by the circuit court. The circuit court found that McAfee had failed to present a genuine issue of material fact, and summary judgment was granted in favor of Dr. Galvez and Brentwood. McAfee appeals.

    Summary of Opinion Analysis: McAfee’s argument contains no citations to the record or any supporting legal authority. Consequently, his argument is procedurally barred from review under M.R.A.P. 28(a)(1)(6). His argument is also without merit. McAfee asserts that he consulted an expert who opined that Dr. Galvez and Brentwood had breached the standard of care. He further asserts that he disclosed the identity of the expert in his response to pleadings. However, these assertions are not supported by the record. The record contains only two pleadings filed by McAfee – his complaint and his notice of appeal. McAfee failed to rebut the motions for summary judgment with any evidence of the standard of care, a breach of that standard, or a resulting injury. Accordingly, the circuit judge properly granted summary judgment in favor of Dr. Galvez and Brentwood.


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